Allowed

Kiran Konwar v. the State of Assam and Anr.

Gauhati HC17 Sept 2026Crl.Pet./1300/2026

Case brief

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What is this about?

The Gauhati High Court disposed of a criminal petition under Section 528 BNSS challenging a Sessions Judge's order issuing a Non-Bailable Warrant of Arrest against the petitioner in an NDPS case. The petitioner's counsel had been appointed Public Prosecutor, leaving the petitioner unrepresented and unable to appear on fixed dates. The Court directed the petitioner to appear before the Trial Court and apply for regular bail by 28.09.2026, with the Trial Court to consider such application according to law. The NBWA was kept in abeyance until then.

What did the court decide?

Petitioner directed to appear before Trial Court and apply for regular bail by 28.09.2026; Trial Court to consider bail application in accordance with law; NBWA kept in abeyance until that date.

Kiran Konwar Vs the State of Assam and Anr. — Narcotics (NDPS) | Gauhati HC (2026)

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GAHC010199392026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./1300/2026

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KIRAN KONWAR

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S/O SRI HOREN KONWAR, R/O SUFFRY MOHAN GAON, P.S.- SONARI, DIST.CHARAIDEO, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:LOOKNATH NAGARIA S/O LATE SUDHAR NAGARIA R/O SUFFRY OUT POST P.S.- SONARI DIST- CHARAIDEO ASSAM PIN- 78569

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Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. N GOGOI

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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18.09.2026

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Heard Mr. B. Islam, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent No. 1.

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2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the order, dated 04.03.2025, and all subsequent orders, passed by the learned Session Judge, Charaideo, in connection with Special (NDPS) Case No. 35/2021, under Sections 20(b)(ii)(B)/29 of the NDPS Act, arising out Sonari P.S. Case No. 153/2021.

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3. It is to be noted here that vide impugned order, dated 04.03.2025, and also all subsequent orders, the learned Sessions Judge, Charaideo (hereinafter, ‘Trial Court’) has issued Non-Bailable Warrant of Arrest (for short, ‘NBWA’) against the present petitioner for default.

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4. Mr. Islam, learned counsel for the petitioner submits that the petitioner was earlier represented by his counsel and on account of appointment of the said counsel of the petitioner as Public Prosecutor, he was not represented before the learned Trial Court, and that the petitioner also could not appear on the dates fixed in absence of this counsel and therefore, the learned Trial Court has issued NBWA against the present petitioner, vide order, dated 04.03.2025, and all subsequent orders.

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4.1 Mr. Islam also submits that the petitioner is ready to face the trial and will appear before the learned Trial Court on each and every date and therefore, he has contended to allow this petition.

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5. Per contra, Mr. Sarma, learned APP, submits that the petitioner 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.

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6. Accordingly, taking note of the submissions of the learned counsel for both the parties and also considering the facts and circumstances on record, this Court is inclined to dispose of this petition by directing the petitioner herein, to appear before the learned Trial Court and to apply for regular bail, on or before 28.09.2026. And in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law.

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7. Till then, the NBWA issued against the present petitioner shall be kept in abeyance.

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8. In terms of the above, this Criminal Petition stands disposed of.

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JUDGE

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Comparing Assistant

Kiran Konwar v. the State of Assam and Anr.

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Kiran Konwar v. the State of Assam and Anr.

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