Page No.# 1/2 GAHC010015962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./115/2026 SUMIDUL ALAM BARBHUIYA S/O TAZ UDDIN BARBHUIYA, R/O VILL DIDARKOSH PT I, PS KACHUDARAM, DIST CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. B HUSSAIN,MR A ALAM,MR. A A MONDAL,MR R A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2026 Heard Mr. N J Dutta, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of NDPS Case No.11/2025 arising out of Harangajao P S Case No.20/2024. Page No.# 2/2 3. The petitioner Sumidul Alam Barbhuiya is shown as an absconder in the charge sheet. He now want to appear before the court below, but he apprehends that he will be remanded to custody because this Court has no jurisdiction to entertain his application. 4. Mr. Dutta submits that the petitioner is interested in facing the trial and therefore, the petitioner should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to face the trial. 7. Therefore, the prayer of the petitioner is allowed. 8. The petitioner Sumidul Alam Barbhuiya is directed to appear before the Court of the learned Special Judge, Dima Hasao, Haflong in respect of NDPS Case No.11/2025. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Dima Hasao, Haflong. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant