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2025 Supreme(Gau) 1401

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Pashupati Prasad Shukla, S/o Ganga Prasad Shukla – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.C. Biswas, Advocate
For the Respondent: Mr. S.C. Keyal, Standing Counsel, Directorate of Revenue Intelligence.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant criminal petition under Section 528 , Bharatiya Nagarik Suraksha Sanhita, 2023 [ BNSS ] is preferred by the petitioner seeking setting aside and/or quashing of an Order dated 08.08.2024 and other subsequent and consequential Orders passed thereafter by the Court of learned Special Judge, Cachar at Silchar [‘the Special Court’, for short] in NDPS Case no. 10/2008, whereby, the Special Court had issued Non-Bailable Warrants of Arrest [NBWAs] against the petitioner to secure his appearance in the proceedings of NDPS Case no. 10/2008 pending before it. The petitioner has also sought setting aside and/or quashing of another Order dated 28.10.2024 passed subsequently in the same proceedings. By the Order dated 28.10.2024, the petitioner has been declared as a proclaimed absconder.

2. A brief narration of the previous events leading to the passing of the Orders, more particularly, the impugned Orders, dated 08.08.2024 and dated 28.10.2024, appears necessary to appreciate the issues raised and involved in the lis.

3. At around 08-00 hours on 02.08.2008, the Officers of the Directorate of Revenue Intelligence [DRI], Silchar proceeded to the Office

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