Page No.# 1/2 GAHC010129992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./920/2026 MITHISAR DAIMARI S/O HAREN DAIMARI, PERMANENT RESIDENT OF PAURIPOTA ,ORANG,P.O P.S. - ORANG, DISTRICT - UDALGURI, ASSAM,PIN- 784114 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, S J BASAK,MR S PAUL,MS. K MALAKAR,MR. A BHATTACHARJEE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.06.2026 Heard Mr. A Bhattacharya, 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 Special (NDPS) Case No.14/2026 pending in the Court of the learned Special Judge, Udalguri. 3. The petitioner Mithisar Daimari is shown as an absconder in the charge-sheet. Page No.# 2/2 Summons was issued to him. That was not served upon him. Non-Bailable Warrant of Arrest was also issued against him. That was also not served upon him. Ultimately, the Trial Court directed issue of P/A against the petitioner. 4. Mr. Goswami has objected to this petition on the ground that from the house of the petitioner more than 50 kilograms of narcotic drugs was seized. 5. Mr. Bhattacharya 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 counsel 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 should be given adequate opportunities to that effect. 8. Therefore, the Criminal Petition of the petitioner is allowed. 9. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest and P/A against the petitioner shall be recalled. 10. It is further directed that the petitioner, namely, Mithisar Daimari is directed to appear before the court of the learned Special Judge, Udalguri on 13.07.2026 in connection with Special (NDPS) Case No.14/2026. On his appearance, the petitioner Mithisar Daimari shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Udalguri. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant