Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Rajesh Barua, S/o Late Satya Ranjan Barua – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. The instant criminal petition under Section 528 , Bharatiya Nagarik Suraksha Sanhita, 2023 [ BNSS ] is preferred to assail an Order dated 23.02.2023 and other subsequent and consequent orders passed by the Court of learned Additional Chief Judicial Magistrate, Kamrup at Amingaon [‘the Trial Court’, for short], whereby, the Trial Court has issued non-bailable warrant of arrest [NBWA] against the petitioner as a charge-sheeted accused in G.R. Case no.115/2014 [earlier, G.R. Case no. 6517/2009].
2. A First Information Report [FIR] was lodged before the Officer In-Charge, Palashbari Police Station on 29.07.2009 by a Sub-Inspector of Police attached to Palashbari Police Station in reference to General Diary Entry no. 827 dated 28.07.2009. As per the FIR, basing on an information received from a source to the effect that narcotic substances were being carried by a truck bearing registration no. NL-08/A-0970 [‘the subject-vehicle’, for short] and proceeding towards Guwahati, the subject-vehicle was intercepted at an area near Barkuchi. On a search being made inside the subject-vehicle, in presence of witnesses, 73 nos. of gunny bags were found under bags c
Non-bailable warrants must be issued with proper legal justification, particularly ensuring evidence is present to support belief of the accused's absconding, balancing individual rights with public ....
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Non-bailable warrants cannot be issued routinely; courts must provide adequate reasoning and evidence to justify such action, ensuring individual liberty is not curtailed without necessity.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
Issuance of non-bailable warrants must be judicious, adhering to procedural safeguards that protect individual liberties, with courts required to balance societal interests and personal rights.
Court must record reasons for issuing non-bailable warrant; summons should be issued first unless evidence shows the accused is absconding or non-compliant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
