Page No.# 1/3 GAHC010129272026 2026:GAU-AS:9350 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./944/2026 MUKTAR ALI SON OF MD. REZZAK ALI, RESIDENT OF VILLAGE UTTAR BHATKHUADIA, P.S. CHHAYGAON, DISTRICT KAMRUP (R), ASSAM. VERSUS STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, F RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.06.2026 Mr. K. Mira, learned counsel is present for the petitioner, Muktar Ali, the petitioner, who has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 with a prayer for setting aside and quashing the impugned order dated 04.12.2024 and the subsequent orders of issuance of Non-Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment (P&A) Page No.# 2/3 issued against the petitioner by the Special Judge, Kamrup, Amingaon in connection with NDPS Case No.01/2020 arising out of Boko P.S. Case No.495/2019. Heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam. It is pertinent to mention here that the petitioner was booked under Sections 21(b)/29 of the NDPS Act in connection with Special NDPS Case No.01/2020 arising out of Boko P.S. Case No.495/2019. However, on Bail Application No.1850/2019 being moved before the High Court, vide order dated 01.08.2019, the petitioner was granted bail with certain conditions. It is submitted on behalf of the petitioner that the petitioner was appearing and also cooperating with the trial. Occasionally he was absent on certain dates with steps and the NBWA and P&A has been issued against him. I have also scrutinized Annexures-3, 4 and 5 to the petition. The petitioner’s conduct reveals that he was not regularly appearing before the Trial Court. However, I have considered the submission that the petitioner is willing to cooperate with the trial. I have also taken a pragmatic view that the case against the petitioner is pending before the Trial Court since 2020 and further absence of the petitioner would only procrastinate the case. Therefore, considering the submission that the petitioner is willing to cooperate with the trial, the NBWA and P&A issued against the petitioner is kept in abeyance for a period of 15(fifteen) days and within the 15(fifteen) days’ time from today, the petitioner is directed to appear before the Trial Court and also to cooperate with the trial. Page No.# 3/3 In terms of the afore-noted discussion, this petition is disposed off. JUDGE Comparing Assistant