Page No.# 1/2 GAHC010256232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1475/2025 MD NAZRUL ISLAM S/O MD SUKUR ALI, R/O VILL KHANAMUKH KEKUKULI NEPALIGAON, PS CHARIDUAR, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS SURAYA RAHMAN,MR A W AMAN,MD A RAHMAN,MR. A TARAFDAR,SAMIM RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner and also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam, appearing for the State respondent. The petitioner present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, being aggrieved by the orders dated 11.08.2025, 16.09.2025 and 16.10.2025 passed by the learned Special Judge, Sonitpur, Tezpur, in Special NDPS Case No.07/2025, whereby non-bailable warrants of arrest and proclamation and attachment orders had been passed against the petitioner. Page No.# 2/2 Mr. Nawaz, learned counsel appearing for the petitioner has submitted that the petitioner had gone to Chennai in connection with earning of his livelihood and therefore, initially on three occasions although he was absent with steps through his learned counsel, on the last three occasions the learned counsel for the petitioner had not represented him in the Court. The learned counsel for the petitioner has submitted that the petitioner is willing to appear before the Special Court on the next date fixed i.e. on 06.12.2025 and it is apprehended that before his appearance, he may be taken into custody. Mr. Parasar, learned Additional P.P. has submitted that in case the petitioner is allowed to appear before the Special Court on the next date fixed, and the requirement of his further detention is allowed to be decided by the learned Trial Court in the facts and circumstances, the same would suffice the cause of justice. Having regard to the submission made, this Court deems it fit to keep the orders dated 11.08.2025, 16.09.2025 and 16.10.2025 in abeyance till 06.12.2025, to facilitate the petitioner to appear before the learned Trial Court. It is made clear that the aforesaid orders have not been interfered with on merits and on the appearance of the petitioner before the learned Trial Court, the learned Trial Court would be at liberty to decide the manner in which the presence of the petitioner during the trial can be further decided. In terms of above, the criminal petition accordingly stands disposed of. Comparing Assistant Sd/- Rajesh Mazumdar JUDGE