Page No.# 1/2 GAHC010099522026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./706/2026 JAMAL ALI ALIAS JAMALA S/O- LATE SUKUR ALI R/O- VILL- CHAMPUPARA PATHAR P.S- CHHAYGAON DIST- KAMRUP, ASSAM, PIN-781124. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MD. A A KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 Heard Mr. A Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. Bidyut Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging in respect of NDPS Case No.177/2022 pending in the Court of the learned Special Judge, NDPS, Kamrup (Metro) at Guwahati. 3. During the period of investigation, the petitioner Jamal Ali @ Jamala Page No.# 2/2 was allowed to go on bail. Thereafter, charge sheet was filed. The trial court directed issue of notice to the petitioner, but the notice was not served. Therefore, the trial court also directed issue of Bailable Warrant of Arrest against the petitioner. It is not known whether the notice was served or not. In spite of that, the trial court directed issue of Non-Bailable Warrant of Arrest against the petitioner. 4. Mr. Sarma has objected to this petition on the ground that the petitioner has been absent in the Court since 2022. 5. Mr. Ahmed has submitted that before issue of Non-Bailable Warrant of Arrest, the trial court did not apply its judicial mind. 6. I have decided to agree with Mr.Ahmed. 7. I have considered the submissions made by the learned counsel of both sides. 8. Therefore, the NBWA issued against the petitioner Jamal Ali @ Jamala in connection with NDPS Case No.177/2022 shall be recalled. 9. The petitioner Jamal Ali @ Jamala is directed to appear before the Court of the learned Special Judge, NDPS, Kamrup (Metro) at Guwahati in connection with NDPS Case No.177/2022 within next 15 (fifteen) days from today. On his appearance, he shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge, NDPS, Kamrup (Metro) at Guwahati. 10. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant