Page No.# 1/3 GAHC010076192026 2026:GAU-AS:5474 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./555/2026 JITUMONI KALITA ALIAS JINTU KALITA S/O SRI GIRISH KALITA R/O MADHUKUCHI, P.S. RANGIA DIST. KAMRUP, ASSAM, PIN-781354. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D SARMAH, A CHOUDHURY,MR A AHMED,B. D. KAKATI,S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.04.2026 1. Heard Mr. D. Sarma, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of NDPS Case No.241/2022, pending in the Court of the learned Additional Sessions Judge FTC No.1, Kamrup (Metro) at Guwahati. 3. The petitioner, Jitumoni Kalita @ Jintu Kalita is an accused before the Trial Court. Summon was issued to his erstwhile rented house, since he was not present in the house, the Trial Court issued NBWA against him. The petitioner submits that if he had received the summons he would have appeared before the Trial Court. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that since the petitioner is interested in facing the trial he deserves to be given an adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. 6. The orders directing issue of NBWA against him are set aside. 7. It is hereby directed that the petitioner, Jitumoni Kalita @ Jintu Kalita is directed to appear before the Trial Court of the learned Additional Sessions Judge FTC No.1, Kamrup (Metro) at Guwahati in connection with NDPS Case No.241/2022 within a period of 7 (seven) days from today and on his appearance, he shall be released on Page No.# 3/3 bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge FTC No.1, Kamrup (Metro) at Guwahati. 8. The petitioner shall regularly appear before the Trial Court on each and every date of hearing. If he fails to do so, the Trial Court shall have the liberty to procedure his attendance with due process of law. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant