Page No.# 1/4 GAHC010037022026 2026:GAU-AS:6738 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./255/2026 SUWAL AHMED TALUKDAR S/O LATE HUSSAIN AHMED TALUKDAR R/O VILL- BHANGARPAR PART-II, P.O. BHANGARPAR,P.S. BORKHOLA, DIST. CACHAR, ASSAM, PIN-788817. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:S.I. BIJOY GOSWAMI BADARPUR P.S. P.O. BADARPUR DIST. SRIBHUM Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 15-05-2026 Heard Mr. M J Quadir, the learned counsel for the petitioner. Also heard Mr. K Baishya, the learned Addl. Public Prosecutor appearing on behalf of the State Page No.# 2/4 respondent. 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for setting aside and quashing of the Order dated 22.04.2024 and subsequent order passed in Special (NDPS) Case No. 103/2022 u/s 22(c)/25/29 of the NDPS Act, 1985 by the Court of learned Special Judge, Sribhumi and also prayed for quashing of the entire criminal proceeding pending before the learned Trial Court below. 3. It is stated by Mr. Quadir that on the very first day after receipt of the case record the Warrant of Arrest was issued against the present petitioner violating the provision of 90 BNSS and for which this Court vide order dated 23.02.2026 had kept in abeyance the order of issuance of NBWA against the present petitioner i.e. the order dated 22.04.2024 as well as the other consequent orders have been kept in abeyance with a direction to appear before the learned Trial Court below. But, on the date fixed i.e. 23.02.2026, the petitioner could not appear before the learned Trial Court below due to his illness and on his behalf petition was filed by his engaged counsel. Thereafter, the case was fixed on 09.04.2026 and on that day it was declared holiday due to Assembly Election and accordingly the next date is fixed on 2nd July, 2026 and the petitioner is ready and willing to appear before the learned Special Judge to contest the case. Mr. Quadir accordingly submitted that as the order of issuance of NBWA has already kept in abeyance and as the petitioner is ready and willing to contest the case, he prayed for closure of the present criminal petition. 4. Mr. Baishya, the learned Addl. PP submitted in this regard that scanned copy of the case record and Case Diary have already been received and from the order passed by the learned Special Judge it reveals that on 26.02.2026 the Page No.# 3/4 petitioner appeared through his counsel as the petition is filed on his behalf as he could not appear personally due to his illness. The prayer is allowed and next date is fixed on 09.06.2026 which was admittedly declared holiday. One order was passed on 10.03.2026 whereby the scanned copy of the TCR along with the Case Diary was transmitted. However, the present status of the case is not available in the scanned copy of the TCR. He accordingly submitted that as the petitioner is ready and willing to contest the case by appearing before the learned Trial Court below, a prayer for closure may be admitted. 5. Considering the submissions made by learned counsel for both sides and perusal of the scanned copy of the TCR, it is seen that admittedly NBWA was issued on the very first day after receipt of the Charge Sheet and this Court vide order dated 23.02.2026 has kept in abeyance the Order dated 22.04.2024 as well as the other consequent orders, whereby the NBWA were issued against the present petitioner with a further direction to appear before the learned Trial Court below. However, from the cause shown by the learned counsel for the petitioner it reveals that there is sufficient cause which prevented the petitioner to appear before the learned Trial Court below as per direction of this Court. However, it is submitted by Mr. Quadir that this petitioner is ready to appear before the learned Special Judge on next date of listing i.e. on 02.07.2026. In view of this, the petitioner is hereby directed to appear before the learned Special Judge on the next date of listing i.e. 02.07.2026 without fail in compliance of the order of this Court dated 23.02.2026 and till date the issuance of NBWA orders passed by the learned Trial Court below will be kept in abeyance. However, the learned Special Judge will be at liberty to issue NBWA in case of his failure of his appearance before the learned Special Judge on the next date of listing. Page No.# 4/4 6. With the above observation, the present criminal petition is hereby closed. JUDGE Comparing Assistant