17.12.2025 Sl.No.184 Court No. 3 SK/AGM IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction Appellate Side CRR 566 of 2025 In the matter of: Dipti Barman @ Diya ….. petitioner.

Ms. Rima Sarkar Ms. Sidhi Sethia ….. for the petitioner.

The petitioner challenges the order of proclamation and attachment issued by the Judge, (Special Court NDPS), Act, 2nd Court at Siliguri on

4.9.2025 in C.R. Case No. 76 of 2024.

Learned advocate for the petitioner has submitted that without examination of warrant of arrest and being satisfied about the fact that the petitioner has been intentionally concealing herself from being arrest pursuant to the warrant issued by the court, the proclamation has been issued, which stands contrary to the law settled in this regard.

Learned advocate for the petitioner has relied on a judgement of the Punjab and Haryana High Court in Prabhjot Singh vs- State of Punjab reported on 20.11.2025 in CRM-M-49798-2025 in support of her contentions.

In consideration of Section 84 BNNS which is pari materia with Section 82 of Cr. P.C., it appears that satisfaction of the court as to the non- execution of the warrant of arrest issued by it is a necessary pre-condition for it to pass an order of proclamation and attachment as against the accused person.

On the record, it is available to see that on 4.9.2025, the court issues warrant of arrest. On the self-same date, the court issues proclamation and attachment order though the next date was fixed for production and execution of arrest warrant.

Hence, it is apparent from the materials available on record that the court has passed an order of proclamation and attachment on the date of issuance of the warrant of arrest without ascertaining its execution or without the satisfaction that the petitioner has been intentionally avoiding surrender or arrest.

This stands in contradiction to the law as provided in the statute.

Considering as above, the impugned order dated 4.9.2025 of the learned trial court in C.R. (NDPS 76 of 2024) directing issuance of proclamation and attachment against the present petitioner appears to be not in conformity with the law.

Hence, the same is liable to be set aside.

In view of involvement of only the law point as above in the instant revision the court finds no necessity to direct for service of notice upon the opposite parties and takes up this matter for disposal.

For the reasons as discussed above, the instant revision stands allowed.

The order of proclamation and attachment by learned Additional Sessions Judge (Special Court NDPS), 2nd Court at Siliguri in connection with CR(NDPS) Case No. 76 of 2024 is set aside.

The criminal revisional application being CRR 566 of 2025 is allowed and disposed of.

(Rai Chattopadhyay, J. )