Page No.# 1/2 GAHC010258752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1483/2025 RANUJ KUMAR DAS S/O LATE ANIL DAS VILLAGE- AUNIATI, PO- BORDOLONI, PS- GOGAMUKH DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R PHUKAN, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr. R. Phukan, learned counsel for the petitioner and also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam, appearing for the State respondent. This application has been filed under Section 528 read with Section 467 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, being aggrieved by the order dated 08.09.2025 passed by the learned Special Judge, Dhemaji, in Special (NDPS) Case No.29/2025 and also subsequent order dated 07.11.2025. Mr. Phukan, learned counsel appearing for the petitioner has submitted that the charge- Page No.# 2/2 sheet in the aforesaid case had been filed on 29.08.2025 and immediately on the first day when the Court took up the matter, the learned Special Judge took a view that it may not be possible to procure the attendance of the accused by issuing summons or bailable warrants of arrest. This view was taken because the accused/applicant herein was shown as an absconder in the charge-sheet by the Investigating Officer. The next date fixed by the Court was on 07.11.2025 and on which date, the learned Court observed that the non-bailable warrant of arrest issued against him had not returned and fresh NBWA was issued against him. The next date is on 18.12.2025 for appearance of the petitioner. The learned counsel for the petitioner has submitted that in the circumstances, the petitioner is under a reasonable apprehension that he may be arrested even before he would have a chance to put in his appearance before the learned Trial Court to face the trial. Mr. Parasar, learned Additional Public Prosecutor has submitted that it would be in the ends of justice if the petitioner is afforded one opportunity to appear before the learned Special Court on the next date fixed, since the non-bailable warrant of arrest was issued on the very first day without giving him any opportunity. In view of the above, this Court is inclined to stay the operation of the order dated 07.11.2025, by which fresh NBWA was issued against the petitioner. The petitioner may appear before the learned Trial Court on or before 18.12.2025, on which day, the learned Trial Court shall further consider the requirements of imposing conditions upon him to ensure his presence/participation during the trial. It is made clear that if the petitioner fails to appear on or before 18.12.2025, the protection granted by this Court shall automatically stand withdrawn. With the above observation, the criminal petition stands disposed of. Comparing Assistant Sd/- Rajesh Mazumdar JUDGE