Page No.# 1/3 GAHC010201352025 2025:GAU-AS:12053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1095/2025 BABUL ALI S/O- ABDUL MAZID VILL- KEKOKULI NEPALIGAON P.S.- CHARIDUAR DISTRICT- SONITPUR VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05-09-2025 Heard Mr. M.A.I. Hussain, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023 for quashing of the order dated 18.01.2025 passed by learned Special Judge, Sonitpur in Special (NDPS) Case No. 07/2025 whereby the learned Special Judge had issued NBWA against the present petitioner. 3. It is submitted by Mr. Hussain that the present accused/petitioner is innocent and he is no way connected in the alleged offence. He was not aware about the pendency of the case and came to know about the same only when the NBWA was issued against him. However, charge-sheet has been filed against him showing him as an absconder. 4. Mr. Hussain further submitted that during the entire period of investigation the petitioner was in custody in connection with another case of Seppa in Arunachal and he was granted bail only on 08.01.2025. A copy of bail order and the order of custody is also annexed with the petition. 5. Mr. Hussain further submitted that the charge sheet of the case was filed on 27.12.2024 and during that period also he was in custody in a case of Arunachal Pradesh. However, he is ready and willing to appear before the learned Special Judge to contest the case, if he is provided with some interim protection. 6. Ms. Bora, the learned Additional Public Prosecutor submitted in this regard that the petitioner is shown as an absconder in the charge-sheet and no interim protection should be provided. However, they may be directed to appear before the learned Court below with an appropriate application for bail. 7. Hearing the submissions made by learned counsel for both sides and considering all aspects of the case including the fact that the accused was kept in Seppa jail in connection with another case of Arunachal Pradesh, the petitioner is hereby directed to appear before the learned Sessions Judge with Page No.# 3/3 an appropriate application for bail, which may be considered in accordance with law and till the next date of listing i.e. 16.09.2025 the NBWA issued against the present petitioner be kept in abeyance. 8. The criminal petition is disposed of accordingly. JUDGE Comparing Assistant