Page No.# 1/2 GAHC010015162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./95/2025 DANESH ALI SON OF ABDUL MAZID SK. R/O VILLAGE KAIMBHASANI, PS-DHUBRI, DISTRICT DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MONDAL, MR M CHOUDHURY,MR. S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 06-02-2025 Heard Mr. S. Islam, learned counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. PP, Assam. This is an application filed under Section 528 of the BNSS Act, 2023 read with Section 482 BNSS, 2023 challenging the order dated 04.01.2025 passed by the learned Special Judge (Addl), Dhubri in Special Case No. 229/2024 arising out of Dhubri PS Case No. 1967/2021 registered under Section 21 (b)/22(c) of Page No.# 2/2 the NDPS Act, 1985 read with Section 3/4 ES Act issuing NBWA against the petitioner. The petitioner has been shown as an absconder in the Charge-sheet filed under the NDPS Act. Therefore, the Trial Court issued Non Bailable Warrant of Arrest against the petitioner. The petitioner apprehends that since he has been shown as absconder in the charge-sheet, he will be remanded to custody whenever he appeared before the Trial Court. The petitioner submits that he is interest in facing the trial and therefore he should be given one opportunity to that effect. I have considered the submissions made by the learned counsel for the parties. The prayer of the petitioner is allowed. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, the order dated 04.01.2025 passed by the learned Special Judge (Addl), Dhubri in Special Case No. 229/2024 is set aside. The petitioner is directed to appear before the Trial Court within next 7 days from today and on his appearance, he shall be released on bail of Rs.25,000/- with one surety of the like amount to the satisfaction of learned Special Judge (Addl), Dhubri. With the aforesaid observations and directions, the present criminal petition stands disposed of. JUDGE Comparing Assistant