Page No.# 1/3 GAHC010238832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1344/2025 MD SADEK ALI S/O LATE ROBIUL HOQUE R/O CHOUDHURY PAM P.S. CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JITEN CH. DAS S/OLT. RAMESWAR DAS OF RPF POST KAMAKHYA RAILWAY STATION N.F. RAILWAY MALIGAON P.S. JALUKBARI DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.11.2025 1. Heard Mr. A. Paramanik, the learned counsel for the petitioner. Also heard Mr. M. P. Goswami, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, who is aggrieved by the order dated 22.03.2023 passed by the Court of the learned Chief Judicial Magistrate, Kamrup (Metro) in PRC Case No. 3094/2022 under Section 22 (b) of the NDPS Act, 1985 whereby the said Court has issued non bailable warrant of arrest against the petitioner and also passed the order for proclaiming the petitioner as a proclaimed offender as well as attachment of his properties. 3. The learned counsel for the petitioner submits that though, the Trial Court issued summons in PRC Case No. 3094/2022 to the present petitioner, the same was served on the father of the petitioner, who failed to communicate about the dates of the said case to the petitioner as he was in Karnataka for earning his livelihood. Page No.# 3/3 4. The learned counsel for the petitioner submits that the next date of the case is fixed on 12.12.2025 and the petitioner is ready to appear before the Trial Court and face the Trial Court. 5. After considering the submission made by the learned counsel for both sides as the petitioner is ready to appear before the Court to face the Trial, this Criminal Petition is disposed of with a direction to the petitioner to appear before the Court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in PRC Case No. 3094/2022 on the next date fixed in the said case i.e. 04.12.2025. 6. To facilitate his appearance before the Trial Court, the operation of non-bailable warrant of arrest against him by the Trial Court as well as the order of proclaiming him as absconder and orders relating attachment of his property shall remain stayed till 12.12.2025 or till his appearance, whichever is earlier. 7. If the petitioner appears before the Trial Court on the next date fixed, he may seek appropriate relief before the said Court to which he is legally entitled. 8. This Criminal Petition is, accordingly, disposed of JUDGE Comparing Assistant