Page No.# 1/2 GAHC010125122026 2026:GAU-AS:10524 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./885/2026 MANJILA BEGUM W/O- BABUL ISLAM R/O- UDAMARI NEAR UDAMARI JAMME MASJID AND UDAMARI HIGH SCHOOL, P.S. JURIA, DISTRICT - NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A R BAROOAH, MR GAURAV R DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.07.2026 Heard Mr A R Baruah, learned counsel for the petitioner. Also heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has challenged the charge sheet being submitted in the instant case on 27.02.2026 and the order dated 02.02.2026, passed by the learned Special Judge, Diphu, in NDPS Case No. 27/2026, by which the petitioner was shown as an absconder by the Police in the above Page No.# 2/2 chargesheet and NBWA was issued by the Court of the learned Special Judge (NDPS), Diphu, by the said order dated 02.02.2026. 3. The learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, which was allegedly used and from which, the contrabands allegedly have been found. The learned counsel for the petitioner further submits that the petitioner was at her house, but at no point of time, the Police had visited her house, and as such, there is no question of the petitioner being evading arrest by the Police. He submits that the petitioner will appear before the learned Trial Court on the next date, without fail to face the trial. 4. Mr D P Goswami, the learned Additional Public Prosecutor for the State submits that it is not a case where the petitioner was declared as an absconder, but she was mentioned as an absconder by the Police in the charge sheet. He submits that the declaration of an absconder can be done only by a Court of law. He, however, submits that the NBWA issued by the Court of law is not incorrect in view of the provision entailed under Section 87 of the CrPC (Section 90 of BNSS, 2023). 5. In view of the submission made by the learned counsel for the petitioner that the petitioner, without fail would appear before the learned Court of Special Judge (NDPS), Diphu, in Special (NDPS) Case No. 27/2026, on the next date, this Court directs the petitioner to appear before the said Court within a period of 10 (ten) days from the date of receipt of this order or on the next date fixed, whichever is earlier. It is further directed that till the said date fixed the NBWA issued against the petitioner shall be kept in abeyance. However, if the petitioner does not appear on the said stipulated days, the learned Court would be at liberty to revalidate the NBWA issued by order dated 02.02.2026. 6. Petition is disposed of. JUDGE Comparing Assistant