Page No.# 1/3 GAHC010240432025 2025:GAU-AS:14772 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1320/2025 RAJIBUL ALOM CHOUDHURY ALIAS RABIJUL ALOM CHOUDHURUY SON OF LATE TAJAMUL ALI CHOUDHURY, R/O VILL- TELITKOR PART-II,P.O. RAJATILA, P.S. KATIGORAH, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SANTANU BHUSHAN DAS SUB INSPECTOR OF POLICE O/C PANCHGRAM P.S. DIST. HAILAKAND Advocate for the Petitioner : MR. M A CHOUDHURY, MISS. P M AHMED,MR A AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 01.11.2025 Heard Mr. M.A. Choudhury, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor for the State. Page No.# 2/3 By this application filed under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India, the petitioner has challenged the impugned Order dated 14.11.2022 passed by the learned Special Judge, Hailakandi, Assam in Special (NDPS) Case No. 06/2022 arising out of Panchgram PS Case No. 35/2022, by which the learned Court issued NBWA against the petitioner. The petitioner has also challenged the subsequent orders passed by the said Court including the order of proclamation issued against the petitioner. Mr. M.A. Choudhury, learned counsel for the petitioner submits that the petitioner was not named in the FIR and that while submitting the Charge- sheet, the Police had included the petitioner as an accused person and it is stated that attempts were made to arrest the accused person but then, he had evaded and was shown as an absconder in the Charge-sheet. He also submits that on the very first day itself, when the Charge-sheet was submitted before the Court of Special Judge, Hailakandi, NBWA was issued against the petitioner. Further, by subsequent orders, fresh NBWA were issued against the petitioner and that by Order dated 11.06.2025, the Court considering the report of the return warrant, issued proclamation against the petitioner. Mr. M.A. Choudhury, learned counsel for the petitioner however submits that the petitioner will appear before the Trial Court without fail on the next date and has prayed that the said orders may be kept in abeyance till then. As such, it is directed that the petitioner will appear before the learned Court of Special Judge, Hailakandi on 04.11.2025 without any fail and if he does not appear on that day, necessary course of action would follow. Further, the orders by which NBWA were issued as well as the proclamation against the petitioner, the same may be kept in abeyance and the petitioner is directed to appear as mentioned above. The petitioner is also directed to file appropriate Page No.# 3/3 application before the Court of law, which would be considered as per law. Petition is disposed of. JUDGE Comparing Assistant