The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.

JUDGMENT

Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 482 Cr.P.C. seeking cancellation of NBWs issued against the petitioner and for setting aside of the impugned order dated 22.12.2021.

2. It is submitted by the counsel for the petitioner that the matter was listed for hearing on 22.12.2021 before the trial court but the petitioner could not appear before the trial court timely and at 11.30 am the trial court issued non bailable warrants against the petitioner and also forfeited the bonds. The petitioner at around 12.30 pm appeared before the trial court, and moved an application for cancellation of his warrants on the ground that he got late because his motorcycle went out of order, so he could not reach the court on time. It is further submitted by the counsel for the petitioner that non-appearance of the petitioner on time was neither intentional nor deliberate, however he was diligent and has moved the application for cancellation of warrants on the very same day in pre-lunch session. It is further submitted by the counsel for the petitioner that petitioner was taken into custody by the learned trial court.

3. I have perused the order dated 22.12.2021. The impugned order reads as follows:-

Hearing is resumed at 11:30 am.

Present: Sh. Masood Ahmad, Ld. Addl. PP for the State. Accused Md. Aizaz @ Patila and Md. Faizal in person on bail.

It is submitted by the witnesses that they cannot wait further as they have to attend their duties.

In the above facts, witnesses are discharged unexamined for today and they be summoned again for the next date of hearing.

Bail bonds furnished by accused Afzal Ahmad are forfeited.

Issue NBW against accused Afzal Ahmad and notice u/s 446 Cr.P.C to his surety for the next date of hearing.

Put up for report on the warrants/appearance of the accused on 02- 02-2022

Sd/-

Special Judge (NDPS)/ASJ

North East/Delhi 22.12.2021

At this stage at 12:30 pm, file taken up again on the appearance of accused Afzal Ahmed and moving of application seeking cancellation of warrants.

Accused Afzal Ahmed is present with Ld. Proxy Counsel, Sh. S.Wajid Ali.

It is stated by accused that he could not appear in the Court at the time of call as his motorcycle went out of order and he reached at 12:00 noon in the Court. Upon query, he stated that he left his house situated at Ghaziabad to Come to Court at 10:30 am.

Considering the facts where two witnesses were present in the morning and they could not be examined due to non appearance of accused, his non appearance appears intentional. As such, his application for cancellation of warrants is dismissed. His bail bonds has been forfeited.

Accused Afzal Ahmed is taken into custody and he be produced on next date of hearing i.e 02-02-2022.

Witnesses be summoned for next date.

Sd/-

Special Judge (NDPS)/ASJ

North East/Delhi 22.12.2021

4. It has been mainly submitted by the counsel for the petitioner that warrants were issued by the trial court during the early hours of morning, and it is further submitted that petitioner has moved the application for cancellation of warrants on the same very day, which shows his bonafide.

5. Counsel for the petitioner has placed reliance upon the judgment in the case of Inder Mohan Goswami and Anr. Vs.State of Uttranchal and Ors., (2007) 12 SCC 1 to submit that non-bailable warrants should not be issued casually and mechanically as the same involves interference with the personal liberty of an individual. He has also placed reliance upon the judgment in the case of Pratap Verma Vs. State (NCT of Delhi) Crl. M.C. 1129/2016.

6. It is submitted by learned APP that two police witnesses were present on the said date, and because of non-appearance of the accused-petitioner the witnesses had to be sent back unexamined.

7. I have heard the counsel for the petitioner, and learned APP for the State.

8. In Inder Mohan Goswami (supra), Hon'ble Supreme Court discussed the issue as to how and when warrants should be issued by the Cour