Page No.# 1/3 GAHC010058882026 2026:GAU-AS:4036 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./413/2026 MD ANOWAR HUSSAIN S/O MD. TOYAB ALI R/O VILL- VILL- HILLA, BHELLA, P.O. AND P.S. BARPETA, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ASI DEEPAK TIWARI S/OLATE LALAN TIWARI OF JORABAT O.P. P.S. BASISTHA DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.03.2026 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of NDPS Case No.01/2017, arising out of Basistha P.S. Case No.283/2014 under Sections 21(a)/ 27 of the NDPS Act, pending in the Court of the learned Special Judge (NDPS), Kamrup (Metro) at Guwahati. 3. The petitioner, Md. Anowar Hussain, had previously appeared before the Trial Court; however, on certain dates, he was unable to be present. Consequently, the Trial Court directed the issuance of a non-bailable warrant of arrest against the petitioner to procure his attendance. 4. The reasons for the petitioner’s failure to appear before the Trial Court have been explained by the learned counsel for the petitioner. 5. After considering the submissions made by the learned counsel for both the sides, this Court is of the opinion that the petitioner deserves to be given adequate opportunity to contest the case before the Trial Court. 6. Therefore, his application is allowed. 7. All orders directing issue of non-bailable warrant of arrest against the petitioner Md. Anowar Hussain are set aside. Page No.# 3/3 8. The petitioner Md. Anowar Hussain is directed to appear before the Court of the learned Special Judge (NDPS), Kamrup (Metro) at Guwahati in respect of NDPS Case No.01/2017 on 06.04.2026 from today and on his appearance, he shall be released on a fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro) at Guwahati. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant