AB 119/2010 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. A.M. Bora, learned counsel for the petitioner. Also heard Mr. D. Das, learned counsel representing the Director of Revenue Intelligence. The Director of Revenue Intelligence has submitted a final complaint aga inst the petitioner, namely, Shri Sukhvinder Singh @ Gooldy has been charge shee ted in connection with Sessions Special Case No. 221(K)/2009 for offence under s ection 8(b)(c) of the NDPS Act, 1985 punishable under section 20(b)(ii)(c), 22(c ), 23(c), 25, 27 and 29 of the said Act has been registered and the same is pend ing before the leaned Additional Sessions Judge, Kamrup, Guwahati. In the said c omplaint, the petitioner has been shown as an absconder. Accordingly, the learne d Additional Sessions Judge, Kamrup, Guwahati, has issued warrant of arrest agai nst the petitioner vide order dated 24.12.2009 fixing 29.01.2010 for appearance of the said accused petitioner. The learned counsel for the petitioner has submitted that the accused pe titioner appeared before the investigating agency three times and his statement was also recorded under section 67 of the NDPS Act and that he never absconded a nd avoided arrest. Mr. Das, learned standing counsel appearing on behalf of the Director of Revenue Intelligence has submitted that on subsequent dates, th e petitioner did not appear before the investigating agency in spite of issuance of summons. The learned counsel for the petitioner submits that the petitioner is all along ready to participate the trial court. From the above order dated 24.12.2009, it appears that the learned trial court, after receipt of the complaint, wherein th e petitioner was shown absconder by the investigating agency, issued warrant of arrest against the petitioner without issuing any notice or summons etc. Considering the entire aspects of the matter and as the petitioner is willing to participate in the trial court, I am of the considered opinion that an opportun ity should be given to the petitioner to appear before the learned trial Judge f or seeking appropriate order. In view of the above, the petitioner is directed to appear before the learned Ad ditional Sessions Judge, Kamrup, Guwahati, on 03.01.2011 and on such appearance, the learned trial Judge shall pass necessary order as per law. Till the next da te fixed, the execution of the warrant of arrest, issued against the petitioner, shall remain suspended. With the above directions, this bail application stands disposed of.