Page No.# 1/3 GAHC010198322025 2025:GAU-AS:11981 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1092/2025 SRI GAUTAM BORGOHAIN ALIAS GAUTOM BORGOHAIN SON OF HARENDRA BORGOHAIN, RESIDENT OF VILLAGE- TELIJAN, P.O. HATIGARH, P.S - DHEMAJI, DISTRICT- DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI BASANTA SAIKIA C/O - SUB- INSPECTOR DHEMAJI POLICE STATION P.O. DHEMAJI P.S. DHEMAJI DISTRICT- DHEMAJI ASSAM PIN- 787057 Advocate for the Petitioner : B DUTTA, A B T HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 04.09.2025. Heard Mr. ABT Haque, learned counsel for the petitioner. Also heard Ms. Page No.# 2/3 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 aside and quashing the impugned order dated 13.08.2025 and subsequent order passed by the learned Special Judge, Dhemaji in Special (NDPS) Case No.26/2025, under Section 20(b)(ii)(B) of the NDPS Act, whereby the NBWA was issued against the present accused petitioner. During the course of deliberation, it is submitted by Mr. Haque, learned counsel for the petitioner that the present accused petitioner is innocent and he is no way involved with the alleged offence. He was never searched by police during the investigation of the case and hence, he was not aware about the proceeding of the case. However, coming to know about the issuance of the NBWA, the present petition has been filed praying for some interim protection till he appears before the learned Special Judge, Dhemaji. Mr. Haque further submitted that the NBWA was issued on the first date against the present petitioner, considering the accused as an absconder. However, the petitioner is ready and willing to contest the case. 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, I have also perused the record and the order dated 13.08.2025. It is seen that Page No.# 3/3 while issuing the NBWA against the present petitioner, some observation was made as to why it was necessary for issuing the NBWA against the present petitioner. However, considering the submissions made by the learned counsel for both sides, the present petitioner is hereby directed to appear before the learned Special Judge, Dhemaji on or before the next date of listing with an appropriate application for regular bail, which may be considered in accordance with the law. However, till the next date of listing i.e. 23.09.2025, 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