Page No.# 1/2 GAHC010110832026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./791/2026 AZAD AHMED BARBHUIYA S/O ISLAM UDDIN BARBHUIYA,VILLAGE KAJIDAHAR PT-III,P.S. SONAI,DISTRICT CACHAR, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M. A. CHOUDHURY, MR Y. BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2026 Heard Mr. M A Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. D 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 NDPS Case No.30/2026 pending in the Court of the learned Additional District and Sessions Judge No.3, Cachar, Silchar. Page No.# 2/2 3. Intermediate quantity of narcotic drugs is involved in this case. 4. The petitioner Azad Ahmed Barbhuiya has been shown as an absconder in the charge sheet. He has received summons from the trial court, He now apprehends that if he appears before the trial court, he will be remanded to judicial custody. 5. Mr. Choudhury has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsels of both sides. 7. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves be given adequate opportunities to that effect. 8. Therefore, the Criminal Petition is allowed. 9. It is hereby directed that the petitioner, namely Azad Ahmed Barbhuiya is directed to appear before the Court of the learned Additional District and Sessions Judge No.3, Cachar, Silchar within next 15 (fifteen) days from today in connection with NDPS Case No.30/2026. On his appearance, the petitioner Azad Ahmed Barbhuiya shall be released on bail of ₹25,000/- (Rupees twenty five thousand) with a surety of like amount to the satisfaction of the learned Additional District and Sessions Judge No.3, Cachar, Silchar. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant