Page No.# 1/2 GAHC010091862026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./648/2026 HAKIMUL ISLAM BARBHUIYA S/O RAFIQUE BARBHUIYA R/O SAIDPUR PT.VI, P.S. SILCHAR DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESNETED BY PP, ASSAM. Advocate for the Petitioner : MR F U BARBHUIYA, MR. M. A. CHOUDHURY,MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2026 Heard Mr. R A Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. B Sarma, 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 Page No.# 2/2 NDPS Case No.71/2024 pending in the court of the learned Additional Sessions Judge No.3, Cachar, Silchar. 3. The petitioner, namely, Hakimul Islam Barbhuiya has received summons from the trial court and he took steps to that effect. However, on 22.04.2026, he was absent in the court without steps. Therefore, the trial court directed issue of Non-Bailable Warrant of Arrest against him. 4. Mr. Choudhury submits that because of miscommunication between the petitioner and his lawyers, he could not appear on 22.04.2026. 5. I have given my anxious consideration to the submissions made by the learned counsel of both sides. 6. The prayer of the petitioner is allowed. 7. This Court is of the opinion that the Warrant of Arrest issued against the petitioner shall be recalled. . 8. It is hereby directed that the petitioner shall appear before the Court of the learned Additional Sessions Judge No.3, Cachar, Silchar in connection with NDPS Case No.71/2024 within next 10 (ten) 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 Additional Sessions Judge No.3, Cachar, Silchar. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant