JUDGMENT

Sureshwar Thakur, J —The accused/petitioner herein (for short "the accused'') alongwith other accused, is, facing trial before the learned Special Judge II Solan, H.P., for, his committing an offence punishable under Section 20, of, the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon the accused preferring an application under Section 439 Cr.P.C, he was granted bail, by the learned trial Judge. The prosecution has led into the witness box, all witnesses'', except one. At the stage, when the last prosecution witness was to be led into the witness box, the accused/petitioner herein, by preferring an application, cast, under Section 205 Cr.P.C, provisions whereof stand extracted hereinafter, sought his exemption from personal appearance. The ground for the apposite exemption, stands, comprised in the factum of his being bed ridden, hence, being disabled to record his appearance before the learned Court concerned. However, the learned trial Court declined the averred relief, and, also proceeded, to, draw proceedings, against, the accused/petitioner herein, under Section 446 Cr.P.C, besides, also ordered for issuance of NBWs, for ensuring the presence, of, the absente