Page No.# 1/2 GAHC010095802026 2026:GAU-AS:7465 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./749/2026 MUKTA MD CHOUDHURY SON OF LATE ABDUL LATIF CHOUDHURY RESIDENT OF VILL- KAMALPUR NALUA, P.S. AND DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.05.2026 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 read with Section 482, of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of Special NDPS Case No.60/2022, under Section 21(b)/25/29 of the NDPS Act, pending in the Court of the learned Additional Sessions Judge, Sribhumi. 3. During the period of investigation, the petitioner was arrested by Police. Page No.# 2/2 Later on, he was released on bail after filing of the Charge-sheet he went to Bangalore in search of livelihood. Therefore, he did not appear before the Trial Court and the Trial Court declared him as an absconder. 4. The petitioner submits that he has returned from Bengalore and wants to contest the case before the Trial Court. 5. I have considered the submissions made by the learned counsel for both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunity to that effect. Therefore, his application is allowed. 7. The orders directing issue of NBWA as well as P&A against the petitioner, Mukta Md. Choudhury by the learned Additional Sessions Judge, Sribhumi in respect of Special NDPS Case No.60/2022 are set aside. 8. The petitioner, Mukta Md. Choudhury is directed to appear before the Court of the learned Additional Sessions Judge, Sribhumi in respect of Special NDPS Case No.60/2022 within a period of 15 (fifteen) days from today 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 Additional Sessions Judge, Sribhumi. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant