Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./308/2025 HAZAT AHMED S/O- NOIMUL HAQUE, R/O- VILL- KANAKPUR, PS NILAMBAZAR, DIST SRIBHUMI (KARIMGANJ) VERSUS THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM 2:JYOTISH KR NATH SUB INSPECTOR OF POLICE
KARIMGANJ POLICE STATION
KARIMGANJ
DIST. SRIBHUMI (KARIMGANJ Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 25.04.2025
Heard Mr. A Ahmed, learned counsel for the petitioner as well as Ms. N. Das, learned Additional Public Prosecutor, Assam. This application has been filed under Section 528 of the BNSS, 2023 in respect of Special NDPS Case No. 88/2024 pending in the court of the learned Additional Sessions Judge, Sreebhumi. After filing of the charge sheet, summon was issued to the present petitioner and the same was accepted by his sister. But, he was not informed accordingly for which he failed to appear before the trial court. Thereafter, the trial court, without issuing bailable warrant of arrest issued non-bailable warrant of arrest against the present petitioner. I have considered the submission made by the learned counsel for both the sides. The petitioner submits that he is interested in facing the trial and therefore, this court is of the opinion that he deserves to be given an opportunity to face the trial. Therefore, the order dated 04.03.2025 passed by the learned Additional Sessions Judge, Sreebhumi issuing NBWA against the present petitioner in respect of Special NDPS Case No. 88/2024 is set aside. The petitioner Hazat Ahmed is directed to appear before the learned Additional Sessions Judge, Sreebhumi in connection with Special NDPS Case No. 88/2024 on the next date fixed and on his appearance, the petitioner above-mentioned shall be allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sreebhumi. The criminal petition is disposed of.
JUDGE Comparing Assistant