Page No.# 1/2 GAHC010045912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./333/2026 NAYEB KHAN ALIAS AKBAR S/O HASMAT KHAN, VILL. HARIPUR, P.O. GOMAFULBARI, P.S. TARABARI, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MABARAK ALI AHMED SI OF POLICE GARCHUK P.S GARCHUK DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. A M KHAN, MR. A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2026 Heard Mr. A M Khan, the learned counsel the appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the Page No.# 2/2 State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of NDPS Case No.206/2023 pending in the Court of the learned Special Judge (NDPS), Karmup (Metro), Guwahati. 3. The petitioner is an accused before the trial court. Earlier he appeared before the court below, but subsequently, he did not appear. Therefore, NBWA was directed to be issued against him. Thereafter, the petitioner went to Kerala to earn his livelihood. 4. Mr. Khan 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 orders directing issue of Non-Bailable Warrant of Arrest against the present petitioner Nayeb Khan @ Akbar are set aside. 9. The petitioner Nayeb Khan @ Akbar is directed to appear before the Court of the learned Special Judge (NDPS), Karmup (Metro), Guwahati in respect of NDPS Case No.206/2023 within next 7 (Seven) days from today. 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 Judge (NDPS), Karmup (Metro), Guwahati. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant