Page No.# 1/3 GAHC010027182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./170/2025 IMRAN HUSSAIN S/O AHED ALI R/O VILL- PALHAJI P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Heard Mr. N. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 528 read with Section 442 of the BNSS, 2023 in respect of NDPS Case No.54/2021 pending in the court of Addl. Sessions Judge No.2, Kamrup (M), Guwahati. 3. Including the present petitioner, there are three accused in the aforesaid case. They are yet to appear. The present petitioner Imran Hussain earlier appeared but on subsequent dates, he failed to appear. 4. Mr. Goswami has pointed out that he has been absent on 13 dates. 5. The petitioner submits that he wants to face the trial and therefore deserves to be given one opportunity to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. The petitioner has been absent on many dates without showing any reasons. But now he is interested in facing the trial. This Court is of the opinion that he deserves to be given an opportunity to contest the case. Moreover, two accused of the case are yet to appear. 8. For the aforesaid reasons, the prayer of the petitioner is allowed. All order(s) directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present Page No.# 3/3 petitioner Imran Hussain in respect of NSPS Case No.54/2021 pending in the court of Addl. Sessions Judge No.2, Kamrup (M), Guwahati, are set aside. 9. The petitioner Imran Hussain is directed to appear before the court below/trial court on 25.02.2025 and on his appearance before the learned Addl. Sessions Judge No.2, Kamrup (M), Guwahati in respect of NSPS Case No.54/2021, he shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said court i.e. Addl. Sessions Judge No.2, Kamrup (M), Guwahati. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant