Page No.# 1/3 GAHC010156342026 2026:GAU-AS:10503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1065/2026 HAZARAT ALI ALIAS HAJARAT ALI SON OF WAHED ALI, RESIDENT OF NANKE DARRANGA, DARANGAMELA, BAKSA, ASSAM, PIN-781360. VERSUS THE STATE OF ASSAM , REPRESENTED BY THE LD PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P JAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 30.07.2026 Heard Mr. P. Jain, learned counsel for the petitioner and Mr. P. Barthakur, learned Additional Public Prosecutor, for the State respondent. 2. In this petition, under Section 528 BNSS, 2023, the petitioner has challenged the Order, dated 17.07.2026, passed by the learned Special Judge, Page No.# 2/3 Kamrup at Amingaon, in Special (NDPS) Case No. 11/2019. 3. It is to be noted here that vide impugned Order dated 17.07.2026, the learned Special Judge, Kamrup (hereinafter, ‘Trial Court’) at Amingaon, has issued non-bailable warrant of arrest (NBWA) against the petitioner. 4. The learned counsel for the petitioner submits that the learned Trial Court initially issued NBWA against the petitioner on 20.08.2025, and continued to issue the same till 17.07.2026. According to Mr. Jain, during the aforesaid period, the petitioner was busy with the treatment of his daughter and as such, he was also out of station for treatment of his daughter at Coimbatore. Moreover, the petitioner was also suffering from some diseases and was also under medical treatment, for which, he could not appear before the learned Trial Court and also, could not contact his engaged counsel and therefore, he has contended to set aside the impugned order, dated 17.07.2026, and to allow the petitioner to remain on previous bail and also to face the trial. He also submits that he has enclosed all the relevant papers of his daughter’s and his treatment, with this petition. 5. However, Mr. Borthakur, learned APP has opposed the petition on the ground that the conduct of the petitioner is not satisfactory. 6. After hearing learned counsel for both the parties and also considering the facts and circumstances on record, this Court is inclined to dispose of this petition, by directing the petitioner to file an application before the learned Trial Court on 14.08.2026, enclosing all the medical documents of his daughter and also, the documents regarding his treatment and on such an application being Page No.# 3/3 filed, the learned Trial Court shall consider and dispose of the same in accordance with law. 7. Till then, i.e., 14.08.2026, execution of NBWA shall be kept in abeyance. 8. In terms of the above, this Criminal Petition stands disposed of. JUDGE Comparing Assistant