Issuance of non-bailable warrants requires stringent adherence to statutory provisions, and any violation renders such orders invalid.

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 and Godown premises of one M/s XPS Services located at Tarani Deb Nath Road, Rangirkhari at Silchar, after receipt of an information in that connection. The petitioner was the Supervisor of M/s XPS Services and he coming to the Office and Godown premises of M/s XPS Services at the instance of the Officers of the DRI, opened the Office and Godown premises of M/s XPS Services in presence of independent witnesses. Inside the Godown, five steel trunks, wrapped with hessian cloth, were found. The petitioner as the Godown Supervisor could not show any consignment notes and other supporting documents in respect of the said five steel trunks. On failure to provide any reasonable explanation and/or to furnish any supporting documents, the DRI Officeals asked the petitioner to open the five steel trunks in presence of independent witnesses. Upon opening the five steel trunks, it was found that the trunks contained green dry leaves, commercially known as Ganja, compressed in brick form of assorted size and shape wrapped with news paper and polythene/plastic coated brown papers and tied with cello tape. Altogether twenty-eight such packets were recovered from the said five steel trunks. On weighment, the total weight of the Ganja was found to be 274.452 KG. Samples of 24 gms each were thereafter, drawn from the packets. The seized Ganja was found to be worth Rs. 8,24,356/-. A case, Case no. 01/CL/NDPS/DRI/SIL/2008-09 was registered by the DRI on 02.08.2008 and investigation ensued.

4. Upon completion of investigation, the respondent DRI submitted an Offence Report on 27.10.2008 in connection with Case no. 01/CL/NDPS/DRI/SIL/2008-09 before the Special Court. On the basis of Case no. 01/CL/NDPS/DRI/SIL/2008-09, Special Case no. 10/2008 was registered by the Special Court. In the Report submitted by the Intelligence Officer, DRI, Silchar, it was mentioned that the petitioner was found committing the offence under Section 20 [b][ii][C] of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985.

5. It is stated that the petitioner was arrested on 02.08.2008 itself by the DRI Officials exercising powers under Section 43 [d] read with Section 42 of the NDPS Act. The petitioner