Page No.# 1/3 GAHC010013452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./76/2025 AFAJ UDDIN AND 3 ORS S/O LATE YUNUS ALI R/O VILL- BIHARAPART-VI, P.S.KATIGORAH, DIST. CACHAR, ASSAM 2: ROMIZ UDDIN S/O LATE ABDUL AZIZ R/O VILL-BIHARAPART-VI P.S.KATIGORAH DIST. CACHAR ASSAM 3: FAKHAR UDDIN S/O ABAR ALI R/O VILL- BIHARA PART-VI P.S.KATIGORAH DIST.CACHAR ASSAM 4: BABUL AHMED S/O LATE ABDUL MATIN R/O VILL-BIHARAPART-VI P.S. KATIGORAH DIST. CACHAR ASSA VERSUS Page No.# 2/3 THE STATE OF ASAM AND ANR REP BY THE PP, ASSAM 2:NAYANMANI SINGHA S/O SRI ITMONI SINGHA INSPECTOR OFFICER IN-CHARGE KATIGORAH POLICE STATION P.O.KATIGORAH P.S. KATIGORAH DIST.CACHAR ASSAM PIN-78880 Advocate for the Petitioner : MR. S K TALUKDAR, L P BORAH,K A SODIAL,MR. A B T HAQUE,MR. J M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 10.02.2025 Heard Mr. S.K. Talukdar, the learned counsel appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 23.10.2024 passed by the learned Addl. Sessions Judge, Cachar in NDPS Case No.36/2022. 3. The four petitioners were shown as absconders in the charge sheet filed under the NDPS Act. On 23.10.2024, they did not appear. They filed applications showing cause of their absence. Page No.# 3/3 4. The learned trial court directed issue of Non-Bailable Warrant of Arrest (NBWA) against them only on the ground that they were shown as absconders in the charge sheet. 5. Mr. Talukdar submits that the petitioners now want to face the trial. 6. I have considered the submissions made the learned counsel of both sides. 7. Since the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given one opportunity to contest the case. Therefore, the impugned order dated 23.10.2024 as well as the subsequent order(s) passed by the learned Addl. Sessions Judge, Cachar in NDPS Case No.36/2022 against the present petitioners is set aside. If any NBWA has been issued against them, shall be recalled. 8. The petitioners, namely- (1) Sri Afaj Uddin, (2) Sri Romiz Uddin, (3) Sri Fakhar Uddin and (4) Sri Babul Ahmed are directed to appear before the court below/trial court on or before 07.03.2025. On the day of appearance, they shall file application(s) before the trial court seeking bail and the court shall consider their bail application(s) in accordance with law. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant