Page No.# 1/3 GAHC010003882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./20/2025 SHARIF UDDIN S/O AADBDUR RAKIB, RESIDENT OF VILLAGE KHAGAIL, BARBHADRI, PO KALIGANJ BAZAR, PS KARIMGANJ, DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2025 Heard Mr. M. Ahmed, learned counsel appearing for the petitioner as well Page No.# 2/3 as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023, by the petitioner namely, Sri. Sharif Uddin praying for setting aside the order passed by the Ld. Sessions Judge, Karimganj in Special (NDPS) Case No.170/2022, directing issue of NBWA against him. 3. The petitioner along with three other persons were charge-sheeted in an NDPS case. Except the petitioner, other three persons are still in judicial custody. The present petitioner is shown as absconder in the charge-sheet. Therefore, NBWA was issued against him. 4. The petitioner submits that he is interested in facing the trial and therefore, he deserves to be given one opportunity to appear before the Trial Court. 5. I have considered the submissions made by the learned counsel of both sides. 6. All orders directing the issue of NBWA against the present petitioner in respect of Special (NDPS) Case No.170/2022 pending in the Court of Ld. Sessions Judge, Karimganj are hereby quashed. 7. It appears that in the absence of the present accused, the Trial Court is yet to proceed further with the trial of the case. The appearance of the present petitioner would help the Trial Court to proceed with the trial of the case. 8. Therefore, the petitioner, namely, Sri. Sharif Uddin, is directed to appear before the Trial Court on or before 28.01.2025. On his appearance, he shall apply for regular bail and the Trial Court shall allow his bail application by allowing him to go on a bail of Rs. 25,000/- with a surety of like amount to the Page No.# 3/3 satisfaction of the Ld. Sessions Judge, Karimganj. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant