Page No.# 1/3 GAHC010025722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./217/2025 KAMAL UDDIN S/O ABDUL BARI R/OVILL-SOUTH BANDORKUNA P.S. PATHERKANDI DIST. SRIBHUMI (KARIMGANJ). VERSUS THE STATE F ASSAM AND ANR REPRESENTED BY PUBLIC PROSCUTOR, ASSAM 2:SI DIBAKAR GOGOI KATHALTALI WATCH POST BAZARICHERRA POLICE STATION DIST. SRIBHUMI (KARIMGANJ Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MR. A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.02.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, read with Article 227 of the Constitution of India, challenging the Order dated 21.08.2023 passed by the learned Special Judge, Karimganj in respect of Special NDPS Case No.169/2022. 3. The petitioner is an accused in the aforesaid case, he received summons but he could not arranged bailer, therefore he could not appear on the specific date. For his failure, the Trial Court issued non-bailable warrant of arrest against him. 4. The learned counsel for the petitioner submits that the petitioner has already arranged the bailer and he is also interested in facing the trial. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interest in facing the Trial, he deserves to be given one opportunity to that effect. 7. Therefore, this application of the petitioner is allowed. 8. The impugned order dated 21.08.2023 passed by the learned Special Judge, Karimganj in respect of Special NDPS Case No.169/2022 is set aside. 9. It is hereby directed that on or before 09.04.2025, the petitioner Kamal Uddin shall appear before the Court of learned Special Judge, Karimganj in respect of Special NDPS Case No.169/2022 and on his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Karimganj. Page No.# 3/3 10. The petitioner shall regularly appear before the Trial Court on each and every date. 11. With the aforesaid direction, the present application stands disposed of. JUDGE Comparing Assistant