Page No.# 1/3 GAHC010213262025 2025:GAU-AS:13146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1179/2025 JIBAN GOGOI SON OF LATE SUREN DAS R/O VILL- NO. 2 MAJGAON, P.O. AND P.S. SILAPATHAR DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:UMESH CH. REGAN I/C SILAPATHAR GRP OUT POST P.O. AND P.S. SILAPATHAR DIST. DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR A ALI, MS K TAYE,MS. M KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.09.2025 1. Heard Mr. A. Ali, the learned counsel for the petitioner. Also Page No.# 2/3 heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Article 227 of the Constitution of India has been filed by the petitioner, namely, Jiban Gogoi, impugning the order dated 29.07.2025, and subsequent orders, passed in NDPS Case No. 08/2025, whereby, non- bailable warrant of arrest were issued against the petitioner. The petitioner has submitted that the charge sheet has been laid in the aforesaid case against the petitioner under Section 20(b) (ii)B/29 of NDPS Act, 1985, and on the fixed date, the petitioner could not appear before the Trial Court as he had to remain busy in assisting his ailing wife, who is carrying an advanced stage of pregnancy. 3. The learned counsel for the petitioner submits that the next date in the NDPS Case No. 08/2025 is fixed on 03.11.2025 and the petitioner is ready and willing to appear before the Court on that date and cooperate in the trial. 4. However, he seeks some protection as pending non-bailable warrant of arrest has been issued against the present petitioner. 5. I have considered the submissions made by the learned counsel for both sides. 6. Considering the reasons shown by the petitioner in defaulting to appear before the Trial Court on the fixed date, as well as his willingness to appear before the Trial Court on the next fixed date, this Court is inclined to grant interim protection to the petitioner. Page No.# 3/3 7. Accordingly, this criminal petition is disposed of, with a direction to the petitioner to appear before the Trial Court, i.e., the Court of learned Sessions Judge, Dhemaji in NDPS Case No. 08/2025 on the next date fixed before the said Court, i.e., 03.11.2025, and co-operate in the trial. 8. To facilitate his appearance before the Trial Court, the non- bailable warrant of arrest issued against him by the Trial Court shall remain suspended till that date. 9. On his appearance before the Trial Court, the petitioner may seek any relief before the said Court, to which he is legally entitled. 10. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant