Page No.# 1/4 GAHC010213922025 2025:GAU-AS:13306 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1198/2025 MD KALAM ALI, SON OF LATE AMIR ALI, VILL- CHAMARIAPAM P.O. MAHATOLI P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI SUMANTA CH BARMAN S/O- SUBIN CH BARMAN SUB-INSPECTOR OF POLICE CHHAYGAON POLICE STATION DIST- KAMRUP DEF ASSAM PIN- 78112 Page No.# 2/4 Advocate for the Petitioner : MR. M ALI, H R KHAN,MR. M R Z CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09.2025 1. Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This is an application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Md. Kalam Ali, impugning the order dated 23.04.2025 and subsequent orders passed in Special(NDPS) Case No.05/2021 by the Court of learned Special Judge, Kamrup, Amingaon, whereby NBWA was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 20(b)(ii)(B) of the NDPS Page No.# 3/4 Act in Special(NDPS) Case No.05/2021 before the Court of learned Special Judge, Kamrup, Amingaon. He further submits that the petitioner regularly appeared before the trial court till 05.02.2025. The next date for the case was fixed on 23.04.2025. 4. The learned counsel for the petitioner submits that on that day, the petitioner had to go to Kerala in search of his livelihood. At the time of going to Kerala, he instructed his engaged counsel to take appropriate steps in the aforesaid case before the trial court. However, the counsel engaged by the petitioner failed to take such steps, as a result of which the trial court issued an NBWA. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to face the trial and ready to appear before the trial court on the next date fixed which is on 03.12.2025. 6. I have considered the submissions made by the learned counsel for both sides. 7. Perusal of the records indicates that up to 5th February, 2025, the petitioner was appearing before the trial court in Special(NDPS) Case No.05/2021. He only defaulted from the next date fixed i.e. 23.04.2025. 8. Considering the submissions made by the learned counsel Page No.# 4/4 for the petitioner as well as considering the fact that the petitioner is willing and ready to co-operate in the trial. 9. This criminal petition is disposed of with a direction to the petitioner to appear before the trial court on the next date fixed i.e. 03.12.2025 in Special (NDPS) Case No.05/2021. To facilitate his appearance, the operation of NBWA issued against the petitioner by the trial court shall remain suspended till the next date fixed i.e. 03.12.2025. Upon his appearance before the trial court, the petitioner may pray for any relief to which he is legally entitled. 10. Accordingly, this criminal petition stands disposed of. JUDGE Comparing Assistant