Page No.# 1/3 GAHC010128802026 2026:GAU-AS:14504 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./935/2026 BHOLA RAY S/O RAMJAPAN RAY, R/O VILL WARD 11, POST CHANDPURA, CHANDPUR IDARK, VAISHALI, RAGHOPUR, PO RAGHOPUR, PS RAGHOPUR, DIST RAGHOPUR, BIHAR 844508 VERSUS UNION OF INDIA TO BE REPRESENTED BY INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, GUWAHATI ZONAL UNIT, GUWAHATI Advocate for the Petitioner : A MISHRA, Advocate for the Respondent : SC, DRI, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 29.09.2026 Heard Mr. A. Mishra, the learned counsel for the petitioner and Mr. D. Borah, the learned standing counsel for the DRI. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has Page No.# 2/3 prayed for setting aside the orders passed by the Court of District and Sessions Judge, Kamrup(M), Guwahati in NDPS Case NO. 173/2022, by which Non-bailable warrant of arrest was issued against the petitioner. 3. The learned counsel for the petitioner submits that a complaint case has been filed against one, Rajdev Kumar, stating inter alia, that 714.00 Kg of dry plant leafy material, believed to be Ganja (Cannabis) were seized from a truck by the police personnel on an information received thereof. Upon receipt of the said complaint, the police on completion of the investigation, submitted charge-sheet on 05.08.2022, by arraying the petitioner as an accused person along with others and further by showing the petitioner as an absconder. The said charge-sheet was submitted before the Court on 05.08.2022. Thereafter, the case was taken up by the Additional Sessions Judge, FTC No. 3, Kamrup, Guwahati, and by order dated 12.08.2022, had issued Non- Bailable Warrant of Arrest against the petitioner. 4. It is stated by the learned counsels that, there are 4 (four) accused persons in the instant case and one has been arrested and 3 (three) accused persons are shown as an absconder. Thereafter, the Court had issued repeated NBWA against the petitioner but no report was received by the Court and subsequently, fresh NBWA was issued against the petitioner. By the subsequent orders, the Court had issued reminder to execute the NBWA, but it is stated by the learned counsel for the petitioner that, the petitioner had never received any such information. The learned counsel further submits that, the petitioner had come to know about the NBWA issued against him and that he submits that the petitioner will appear before the concerned Court without fail. 5. The learned Standing Counsel for DRI, however, submits that, the petitioner is the prime accused in the case and he has evaded arrest over the last 4 (Four) years. He as such, submits that the petitioner be directed to appear before the Trial Court as Page No.# 3/3 early as possible. 6. Upon consideration of the submissions made by the learned counsels, this Court directs that, the petitioner should appear before the concerned Court, i.e. the Additional District and Session Judge FTC No. 3, Kamrup Metro, Guwahati within a period of 15 days from the date of this order and may file an application before the said Court, which should be considered as per law. However, it is directed that if the petitioner does appear before the Court within the time stipulated, the orders issuing Non-Bailable Warrant of Arrest would get revive. Till the petitioner appears before the concerned Court, the orders issuing NBWA are kept in abeyance. 7. The petition is disposed of. JUDGE Comparing Assistant