Page No.# 1/2 GAHC010221972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1267/2025 AJIT DAS @ ASHIT DAS S/O- ADHIR DAS. R/O- SARUPATHAR, P.O-SARUPATHAR, P.S- SARUPATHAR, DISTRICT- GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.01.2026 Heard Mr. A M Barbhuiya, learned counsel for the petitioner. Also heard Mr. K K Baishya, learned Additional Public Prosecutor, Assam. This application has been filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the order dated 11.07.2023 passed by the learned Additional Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati in NDPS Case No. 247/2022. The petitioner Ajit Das @ Ashit Das was absent without taking any steps before the trial court. Therefore, trial court directed to issue Non Bailable Warrant of Arrest (NBWA) against him. The petitioner submits that for earning his livelihood he had to go outside State and for that reason, he could not appear before the trial court. I have considered the submissions made by the learned counsel for both sides. Since the petitioner is willing to face the trial, he deserves to be given adequate opportunity to that effect. Therefore, the order dated 11.07.2023 passed by the learned Additional Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati in NDPS Case No. 247/2022 is set aside and quashed. The petitioner Ajit Das @ Ashit Das is directed to appear before the learned Additional Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati in connection with NDPS Case No. 247/2022 within 15 (fifteen) days from today. On his appearance, the trial court shall allow the petitioner to go on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati. The criminal petition is disposed of. JUDGE Comparing Assistant