Gauhati High Court
Crl.Pet./1319/2026 of MD SOHIDUL ISLAM ALIAS SAHIDUL ISLAM Vs THE STATE OF ASSAM on 21 September 2026
GAHC010202322026 2026:GAU-AS:14008 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1319/2026 MD SOHIDUL ISLAM ALIAS SAHIDUL ISLAM S/O MD INNUS ALI,R/O VILL KARAYANI NEPALI GAON, PO PANCHMILE, PS TEZPUR, DIST SONITPUR, ASSAM, PIN 784025,
GAHC010202322026
2026:GAU-AS:14008
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1319/2026
MD SOHIDUL ISLAM ALIAS SAHIDUL ISLAM
S/O MD INNUS ALI,R/O VILL KARAYANI NEPALI GAON, PO PANCHMILE, PS TEZPUR, DIST SONITPUR, ASSAM, PIN 784025, ALSO DESCRIBED IN
THE RECORDS OF THE CASE AS A R/O VILL TENGABASTI GAON, PS
TEZPUR, DIST SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. SURAJIT DAS, MR. SAHIL AHMED,A MISHRA,MR
SARFRAZ NAWAZ,MR A W AMAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
22.09.2026
Heard Mr. S. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. In this petition, under Section 528 of the BNSS, the petitioner has challenged the orders dated 16.09.2025; 13.10.2025; 14.11.2025; and 15.12.2025, passed by the learned Special Judge, Sonitpur at Tezpur (trial court hereinafter), in Special (NDPS) Case No. 53/2023.
3. It is to be noted here that vide impugned orders dated 16.09.2025; 13.10.2025; 14.11.2025; and 15.12.2025, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) as well as proclamation and attachment against the present petitioner.
4. Mr. Das, learned counsel for the petitioner submits that the petitioner was arrested for possession of 1.080 kgs of Ganja and thereafter, he was released on bail on 12.04.2023. Thereafter, the IO, on completion of the investigation, had submitted charge-sheet and the petitioner was regularly appearing before the learned trial court and standing trial. But, on 16.09.2025, he could not remain present in the court, for which NBWA was issued, without first issuing Bailable Warrant of Arrest and Notice to the bailor.
4.1. Mr. Das further submits that subsequently the learned trial court had issued the proclamation and attachment without following the procedure and without recording any satisfaction. He also submits that the petitioner was declared as absconder without statutory compliance and as such, the procedure of issuance of proclamation and attachment is vitiated.
4.2. Mr. Das also submits that the petitioner is ready to face the trial and that he will appear before the learned trial court on each and every date and therefore, it is contended to allow this petition.
5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor submits that the accused may be directed to appear before the learned trial court and to apply for regular bail and in the event of filing such an application, the learned trial court may be directed to consider the same in accordance with law.
6. Having heard the submissions of learned counsel for both the parties, this
Court has carefully gone through the petition as well as the documents placed on record and also perused the impugned orders dated 16.09.2025; 13.10.2025; 14.11.2025; and 15.12.2025, passed by the learned trial court.
7. It appears that the procedures for issuance of NBWA as well as the proclamation and attachment have not been followed by the learned trial court here in this case. Mr. Das, learned counsel for the petitioner has also assured this Court that the accused will face the trial and will appear before the learned trial court on each and every date.
8. Accordingly, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this petition.
9. It is provided that the petitioner shall appear before the learned trial court on or before 09.10.2026 and apply for regular bail. In the event of filing such an application, the learned trial court shall consider the same in accordance with law.
10. Till then, the NBWA as well as the proclamation and attachment issued against the present petitioner shall be kept in abeyance.
11. In terms of above, this petition stands disposed of.
JUDGE Comparing Assistant