Page No.# 1/3 GAHC010075492026 2026:GAU-AS:5472 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./553/2026 MOHAMMAD SHAKIR HUSSAIN ALIAS SHAKIR HUSSAIN AND ANR S/O LATE ABDUS SHOHID, R/O NILBAGAN, PO JAYNAGAR, DIST HOJAI, ASSAM, PIN 782445 2: MD JAHIRUL HOQUE S/O LATE ABDUL NOOR ALIAS JAKIR R/O NILBAGAN PO NILBAGAN DIST HOJAI ASSAM PIN 78244 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.04.2026 1. Heard Mr. S. Das, learned counsel for the petitioners. Also heard Mr. B. Sharma, 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 Special NDPS Case No.63/2023, pending in the Court of the learned Special Judge, Sonitpur, Tezpur. 3. The petitioners, Mohammad Shakir Hussain @ Shakir Hussain and Md. Jahirul Hoque are the accused before the Trial Court. After filing of the Charge-Sheet, summons were issued against them but, before service of summons, the Trial Court directed the issue of NBWA against them. 4. The petitioners have submitted that they are interested in facing the trial and the summons were not served upon them therefore, they pray for adequate opportunity to contest the case 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioners are interested in facing the trial they deserve to be given an adequate opportunity to that effect. Therefore, the prayer of the petitioners is allowed. 7. It is hereby directed that the petitioners, Mohammad Shakir Hussain @ Shakir Hussain and Md. Jahirul Hoque are directed to appear before the Trial Court of Page No.# 3/3 the learned Special Judge (NDPS), Sonitpur, Tezpur in connection with Special NDPS Case No.63/2023 within a period of 7 (seven) days from today and on their appearance, the petitioners shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Sonitpur, Tezpur. 8. The orders directing issue of NBWA as well as P&A against the two petitioners are set aside. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant