Page No.# 1/2 GAHC010054152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./334/2025 SUNIL GAUR @ SRI SUNIL CHOUHAN S/O SRI GAUTOM CHAUHAN R/O BISHNUPUR, NEAR KALI MANDIR, P.O. BHARALUMUKH P.S. BHARALUMUKH,PIN-781016, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.04.2025 Heard Mr. M Rahman, the learned counsel appearing for the petitioner. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor appearing for the State of Assam/respondent No.1. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 11.11.2022 passed by the learned Additional Sessions Judge No. 5, Page No.# 2/2 Kamrup (Metro) at Guwahati in NDPS Case No. 152/2021. 3. The petitioner was facing trial in the aforesaid case. Thereafter, the presiding officer of the court was vacant for some time. The petitioner also went to Chennai in search of his livelihood. Ultimately, the learned trial court issued a non-bailable warrant of arrest against the petitioner. 4. I have considered the submissions made by the learned counsel of both sides. I have also considered the circumstances as narrated by the petitioner. 5. Mr. Rahman submits that the petitioner wants to face the trial and therefore, he should be given one opportunity to that effect. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to face the trial. 7. Therefore, the order dated 11.11.2022 passed by the learned Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati in NDPS Case No. 152/2021 is set aside. The warrant of arrest, if issued, shall be recalled. 8. The petitioner Sunil Gaur @ Sri Sunil Chouhan is directed to appear on 17th of April, 2025 before the trial court of the learned Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati in NDPS Case No. 152/2021. On his appearance, he shall be released on fresh bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant