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2026 DAILYLAW 6032 (GAU)

ABDUL BASIT v. THE STATE OF ASSAM

Crl.Pet./582/2026 · 2026-05-10

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010079142026 2026:GAU-AS:6426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./582/2026 ABDUL BASIT S/O LT. JALAL UDDIN VILL- FATEPUR, P.O. CHATAL, P.S. AND DIST. SRIBHUMI, ASSAM, PIN- 788720. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR B SINHA, MR. H ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. B. Sinha, learned counsel for the petitioner. Also heard Mr. K. K. Das, 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.66/2022, pending in the Court of the learned Sessions Judge, Sribhumi. 3. Before filing of the Charge-Sheet, the petitioner was released on bail and after that Charge-Sheet was filed. In the meantime, the petitioner Abdul Basit had Page No.# 2/2 gone to the State of Karnataka in search of livelihood. He claims that he did not have the knowledge that the Charge-Sheet was failed against him after that for his absence, the Trial Court of the learned Sessions Judge, Sribhumi directed issue of NBWA against the present petitioner. 4. After coming to note the aforesaid fact, the petitioner claims that he is interested in facing the trial and, therefore, he should be given adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given adequate opportunity to that effect. Therefore, his application is allowed. 7. All orders directing issue of NBWA against the petitioner Abdul Basit by the learned Sessions Judge, Sribhumi in respect of Special (NDPS) Case No.66/2022 are set aside. 8. The petitioner Abdul Basit is directed to appear before the Trial Court on 18.05.2026 and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Sribhumi. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant