Page No.# 1/3 GAHC010196422025 2025:GAU-AS:12052 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1077/2025 SAHIN KHAN SON OF MD. ABU KHAN @ BABUL MIYA KHAN R/O MADHURBAND, SILCHAR WARD NO. 7, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788007. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. S. CHANDA,MS. U NANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 05.09.2025. Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application under Section 528 of the BNSS, 2023 praying for setting Page No.# 2/3 aside and quashing the impugned order dated 10.07.2025 passed by the learned Addl. Sessions Judge No.3, Cachar in NDPS Case No.145/2024, under Section 20(b)/29 of the NDPS Act, whereby the NBWA was issued against the present accused petitioner. During the course of hearing, it is submitted by Mr. Biswas, learned counsel for the petitioner that the present accused petitioner is innocent and he is no way involved with the alleged offence. There is no mention about his involvement neither in the FIR nor in the charge sheet and hence, he was not aware about the pendency of the case. However, after receiving the summons from the Court, his engaged counsel had appeared on two occasions on his behalf before the Court and on the third occasion i.e. on 10.07.2025 he could not make any contact with his engaged counsel for which he remained unrepresented and accordingly the NBWA was issued on that day against the present petitioner. However, the petitioner is ready and willing to appear before the learned Trial Court and to contest the case accordingly, if he is provided with some interim protection. Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State respondent submitted in this regard that the there is no illegality committed by the learned Trial Court while issuing the NBWA against the present accused petitioner. However, he may be directed to appear before the learned Special Judge with an appropriate application for bail, which will be considered in accordance with law. Hearing the submissions made by the learned counsel for the parties and also considering the order passed by the learned Addl. Sessions Judge No.3, Cachar in NDPS Case No.145/2024, I hereby direct the petitioner to appear before the learned Trial Court below within fifteen (15) days from today, with an Page No.# 3/3 appropriate application for regular bail, which may be considered in accordance with the law. However, within these fifteen (15) days, the order of the NBWA, issued against the present accused petitioner may be kept abeyance. With the above observation, this petition stands disposed. JUDGE Comparing Assistant