IMPORTANT POINT
The court ruled that a Non-Bailable Warrant cannot be issued without prior cancellation of bail and due process, emphasizing the necessity of following legal procedures.

JUDGMENT :

BUDI HABUNG, J.

1. Heard Ms. T.Y. Bhutia, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional PP for the State of AP.

2. This is an application filed under section 482 of the Code of Criminal Procedure, 1973 (section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with section 439 of the Code of Criminal Procedure, 1973 (section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) for quashing and setting aside of the orders dated 12.12.2023, 23.02.2024, 08.04.2024 and 03.05.2024, passed by the learned Special Judge (NDPS), Bomdila for release of the accused, Shri Kamal Uddin on previous bail granted by this Court on 31.10.2022.

3. The case of the petitioner is that on 24/07/2022, an F.I.R was submitted by one Shri Sochi Don (Inspector, Seppa Police Station) against the accused person, Shri Apu Venia, after receiving information from reliable sources that the accused person was carrying some contraband substance with him and travelling in a bus from Itanagar to Seppa. After intercepting the vehicle in which the accused person was travelling, the Police team recovered suspected heroin weighing 54.33 gms with the weight of the vials and 5.38 gms without the vials, from a blue backpack which was in the possession of the accused, after which a case was registered vide Seppa P.S. Case No. 41/2022, under section 21(b) of the NDPS Act, 1985 and the case was endorsed to the I.O. for further investigation.

4. During the course of investigation, the accused person, Shri Apu Venia on being interrogated, disclosed that he had been procuring drugs from one Shri Saiful Islam and Shri Ashadul Ali, who were then arrested by the Seppa Police from Itakhola, Assam.

5. However, no any contraband substance was recovered from their possession during the search. On further interrogation, the arrested accused Shri Saiful Islam disclosed that he is a drug peddler as well as a user and that he has been selling drugs to Shri Apu Venia and Shri Ashadul Ali and that he has deposited around Rs. 1,00,000/- (One Lakh Only) to a Bandhan Bank account under the name of Shri Kapil Dev Shah and around Rs. 17,34,000/-(Seventeen Lakh Thirty Four Thousand Only) to another HDFC Bank account belonging to one Miss Poubinah Teinamei. Thereafter, according to the information gathered from the statement of the accused Shri Saiful Islam and co-accused Shri Ashadul Ali, a raid was conducted at Dimapur by the Arunachal Police with the help of Dimapur Police, wherein a huge consignment of 1 kg 200 gms of contraband drugs were confiscated from Shri Ashraf Hossain Choudhary, after which a fresh case was registered as Dimapur P.S. Case No. 0190/2022 u/s 22(c)/27(b) of the NDPS Act against Shri Ashraf Hossain Choudhary, Shri Kamal Uddin (the accused person herein) and Shri Shayan Chandra and all three accused persons were arrested and kept under the custody of Special Judge (NDPS), Dimapur.

6. After completion of the investigation, the case was submitted into chargesheet on 17/09/2022 and thereafter, a Supplementary Charge sheet was also filed on 03.04.2023 in Seppa P.S. Case no. 41/2022.

7. It is submitted that the accused person, Shri Kamal Uddin, along with other co-accused persons, Shri Ashraf Hossain Choudhary and Shri Shayan Chandra were apprehended in connection with Seppa P.S. Case No. 41/2022, however since they were arrested at Dimapur and booked under Dimapur P.S. Case No. 10190/2022, the I.O. of the case in Seppa P.S. Case No. 41/2022 moved an application before the Court of Special Judge (NDPS) at Bomdila for issuing production warrant and for transit remand against all three accused persons for interrogation and production before the Court of Special Judge (NDPS), Bomdila in connection with Seppa P.S Case No. 41/2022.

8. Thereafter, the accused person, Shri Kamal Uddin along with others were arrested in connection with Seppa P.S. Case no. 41/2022 on 10.09.2022.

9. Vide order dated 31.10.2022, passed by this Court in Bail applicat