Page No.# 1/2 GAHC010100822026 2026:GAU-AS:7285 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./730/2026 JAMAL ALI S/O- LATE SUKUR ALI YEARS R/O- VILL- CHAMPUPARA PATHAR P.S- CHHAYGAON DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MD. A A KHAN,MISS. P M AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2026 1. Heard Mr. A. Ahmed, 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 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders passed by the learned Special Judge, (NDPS), Kamrup (M) at Guwahati in NDPS Case No.27/2023 directing issue of NBWA against the present petitioner, Jamal Ali. 3. The petitioner, Jamal Ali is an accused before the Court below. During the Page No.# 2/2 pendency of the case, he was again arrested in another case being STF Police Station Case No.07/2024 and that is the reason why he could not appear before the Court below. 4. It may be stated for the absence of the petitioner before the Trial Court, NBWA was directed to be issued. The petitioner submits that he is interested in facing the trial before the Court below. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner, Jamal Ali is interested in facing the trial, this Court is of the opinion that under the given circumstances, the petitioner should be given adequate opportunity to that effect. Therefore, his application is allowed. 7. All orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner, Jamal Ali in respect of NDPS Case No.27/2023 are set aside. 8. The petitioner is directed to appear before the Court of the learned Special Judge, (NDPS), Kamrup (M) at Guwahati within a period of 10 (ten) days from today and on his appearance, he shall be allowed to go on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, (NDPS), Kamrup (M) at Guwahati. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant