Page No.# 1/2 GAHC010020912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./124/2026 MOYNUL HOQUE ALIAS JAMIL HUSSAIN S/O RUKAN AHMED, RESIDENT OF VILLAGE KABARIBOND, PS PATHARKANDI, DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.05.2026 Heard the learned counsel Mr. M Ahmed appearing for the petitioner. Also heard Mr. M P Goswami, 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 Special (NDPS) Case No.142/2022 pending in the court of the learned Addln. Session Judge, Sribhumi. 3. The petitioner is an accused before the trial court. And the trial court directed issued Page No.# 2/2 of NBWA against the present petitioner. 4. The petitioner states that he never received any summons or notice from the trial court. The petitioner further states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that the since the petitioner is interested in facing the trial he deserves to be given adequate opportunities to that effect. Therefore, his application is allowed. 7. It is hereby directed that all orders directing issue of NBWA against the petitioner Moynul Hoque @ Jamil Hussain in Special (NDPS) No.142/202224 passed by the learned Addln. Session Judge, Sribhumi are set aside 8. It is further directed that the petitioner, namely petitioner Moynul Hoque @ Jamil Hussain is directed to appear before the trial court within next 15 days from today. On his appearance, the petitioner Moynul Hoque @ Jamil Hussain shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the Addln. Session Judge, Sribhumi. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant