Page No.# 1/2 GAHC010099712026 2026:GAU-AS:7283 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./716/2026 TAHER HUSSAIN , S/O- TERA MIA, R/O- VILLAGE - GUARIGRAM GAON, 2 HOUSE NO.202, P.O- RAJ PASHA, P.S- BADARPUR, DISTRICT- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SWMDWN SWARGIARY SUB-INSPECTOR OF POLICE S/O- SRI CHANDRA SWARGIARY KHATKHATI POLICE STATION KARBI ANGLONG ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2026 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing the impugned order dated 20.09.2025 and subsequent orders Page No.# 2/2 passed by the learned Special Judge, NDPS, Karbi Anglong, Diphu in NDPS Case No.67/2022 arising out of Borpathar P.S. Case No.67/2022 directing issue of NBWA against the petitioner, Taher Hussain. 3. The petitioner, Taher Hussain is an accused before the Court below. On some dates, he remained absent from the Court without taking any steps. Therefore, the Trial Court directed the issuance of a Non-Bailable Warrant of Arrest (NBWA) against him. 4. The petitioner has explained the reasons for which he could not appear on those dates. 5. This Court is of the opinion that the prayer of the petitioner deserves to be accepted. Accordingly, the prayer is allowed. 6. All orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner, Taher Hussain in respect of NDPS Case No.67/2022 are set aside. 7. The petitioner is directed to appear before the Court below within a period of 7 (seven) days from today and on his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, NDPS, Karbi Anglong, Diphu. 8. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant