Page No.# 1/2 GAHC010230502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1325/2024 JABER HUSAIN MAZUMDER S/O ABDUL KADIR MAZUMDER, R/O HOUSE NO. 45, 188 NO UJAN DHOLAI LP SCHOOL, DHOLAI MOLAI PT III, HAILAKANDI, ASSAM 788161 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR N RAY, N N HUSSAIN,MR. K R SARMA,MR S DIFUSA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 Heard Mr. N Ray, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023, challenging the order dated 28.07.2023 passed by the learned Special (NDPS) Judge, Hailakandi in respect of Special NDPS Case No. 06/2023. Page No.# 2/2 3. The petitioner Jaber Hussain Mazumder has been shown as an absconder in the charge sheet relating to Katlicherra P.S. Case No. 77/2023. 4. Since the petitioner has been shown as an absconder in the charge sheet, the trial court directed to issue non-bailable warrant of arrest against the petitioner. 5. The learned counsel appearing for the petitioner submits that the petitioner is interested in facing the trial. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 8. Therefore, all orders directing issue of non-bailable warrant of arrest against the petitioner Jaber Hussain Mazumder in Special (NDPS) Case No. 06/2023 are set aside. 9. The petitioner Jaber Hussain Mazumder is directed to appear before the court of the learned Special (NDPS) Judge, Hailakandi in respect of Special NDPS Case No. 06/2023 within next 10 (ten) days from today. On his appearance, the petitioner, namely, Jaber Hussain Mazumder shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special (NDPS) Judge, Hailakandi. 10. The petitioner is directed to appear before the trial court on each and every date of hearing. If he does not do so, the trial court shall be at liberty to procure his attendance. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant