Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./827/2026 SAKOWAT HUSSAIN AND ANR S/O NURUL HOQUE, R/O VILL SHOTIMARI, PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 2: SANOWAR HOSSEN ALIAS SANOWAR HUSSAIN S/O NURUL HOQUE R/O VILL SHOTIMARI PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MR A W AMAN,MD A RAHMAN,MR. A TARAFDAR,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11-06-2026 Heard Mr. A Mishra, the learned counsel appearing for the petitioners. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam.
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2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (NDPS) Case No.58/2025 pending in the Court of the learned Special Judge, South Salmara, Mankachar.
3. The petitioners Sakowat Hussain and Sanowar Hossen @ Sanowar Hussain have been shown as an absconders in the charge sheet. The have received summons from the Trial Court. Therefore, the petitioners apprehend that if they appear before the trial court, they will be remanded to custody.
4. Mr. Mishra has submitted that the petitioners are interested in facing the trial and therefore, they should be given adequate opportunities to that effect.
5. I have considered the submissions made by the learned counsel of both sides.
6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioners are interested in facing the trial, they deserve to be given adequate opportunities to that effect.
7. Therefore, the Criminal Petition of the petitioners is allowed.
8. It is hereby directed that the petitioners, namely Sakowat Hussain and Sanowar Hossen @ Sanowar Hussain are directed to appear before the Court of the learned Special Judge, South Salmara, Mankachar on 03.07.2026 in connection with Special (NDPS) Case No.58/2025. On their appearance, the petitioners, namely, Sakowat Hussain and Sanowar Hossen @ Sanowar Hussain shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the Special Judge, South Salmara, Mankachar. With the aforesaid direction, the Criminal Petition stands disposed of.
JUDGE Comparing Assistant