Page No.# 1/2 GAHC010112602026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./809/2026 SAIFUL ISLAM SON OF JAYNAL MIAH RESIDENT OF VILLAGE-KULUBARI, POST OFFICE KULUBARI, POLICE STATION SONAMARA, DISTRIC-SIPAHIJOLA, TRIPURA. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.06.2026 Heard Mr. M Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. M 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 Special (NDPS) Case No. 37/2025 pending in the Court of the learned Special Judge, Sribhumi. Page No.# 2/2 3. The petitioner Saiful Islam has been shown as an absconder in the charge sheet alleging offences under the provisions of the NDPS Act. Therefore, the petitioner apprehends that if he appears before the trial court, he will be remanded to judicial custody. 4. Mr. Ahmed has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 5. Mr. Goswami has pointed out that commercial quantity of narcotic drugs is involved in this case. 6. Mr. Goswami has also submitted that nothing has been seized from the petitioner. 7. I have considered the submissions made by the learned counsel of both sides. 8. 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 should be given adequate opportunities to that effect. 9. Therefore, this Criminal Petition filed by the petitioner is allowed. 10. It is hereby directed that the petitioner, namely, Saiful Islam is directed to appear before the trial court within next 15 (fifteen) days from today in respect of Special (NDPS) Case No. 37/2025. On his appearance, the petitioner Saiful Islam shall be released on bail of ₹50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant