Page No.# 1/2 GAHC010056062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./345/2025 ANOWAR HUSSAIN AND 2 ORS. RESIDENT OF VILL- JHARNER CHAR PART IV, PO-JHARNER CHAR, PS- BOGRIBARI, DISTRICT-DHUBRI, ASSAM, PIN-783339 SUKUR ALI, RESIDENT OF VILL- POYESTI SALMARA PS-FAKIRGANJ, DISTRICT- DHUBRI ASSAM 3: FOYJAL HOQUE @ FAIZAL HAQUE RESIDENT OF VILL-19 JHARNACHAR PART- IV P.S.- FAKIRGANJ DISTRICT- DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.04.2025 Heard Mr. L.R. Mazumder, the learned counsel appearing for the petitioners. Also heard Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 challenging the orders dated 19.12.2023 & 20.06.2024 passed by the learned Special Judge (NDPS), Kamrup (M) at Guwahati in NDPS Case No. 15/2019. 3. The present petitioners have been appearing before the trial court as one of the charge sheeted accused is yet to appear. On 19.12.2023, the petitioner no.1 Anowar Hussain was absent without any steps. Therefore, Non-Bailable Warrant of Arrest (NBWA) was directed to be issued against him. Thereafter, on 20.06.2024, the other petitioners Sukur Ali and Foyjal Hoque @ Faizal Haque found absent without steps before the trial court and therefore the court directed that NBWA is to be issued against both of them. 4. Mr. Mazumder submits that the father of the lawyer representing the petitioners was admitted in the hospital and subsequently he expired and for that reason, there was a miscommunication between the lawyer and the petitioners, which resulted in the aforesaid incidents. 5. Ms. Borah has also pointed out that the petitioners were absent on some other dates also. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioners Anowar Hussain, Sukur Ali and Foyjal Hoque @ Faizal Haque are interested in facing the trial, they deserve to be given one opportunity to that effect. 8. Therefore, the impugned orders directing issue of NBWA against the present petitioners are set aside. The Warrant of Arrest, if any, has been issued in the meantime, same shall be recalled. 9. The petitioners Anowar Hussain, Sukur Ali and Foyjal Hoque @ Faizal Haque are directed to appear before the trial court in respect of the NDPS Case No.15/2019 on 25.04.2025. On their appearance, they shall be allowed to remain on previous bail. With the aforesaid direction, the Criminal Petition stands disposed. JUDGE Comparing Assistant