THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
YARENJUNGLA LONGKUMER, J.
Shakir Ahmed s/o Shri Rahium Uddin Barbhuyan – Appellant
Versus
State of AP – Respondent
ORDER
Heard Mr. T. Gameh, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State.
2. This is an application under Section 528 & 483 of the BNSS, 2023 praying for quashing of the Non Bailable Warrant of Arrest (NBWA) Order, issued on 21.03.2025, passed by the learned Special Judge (NDPS), Yupia in NDPS Case No. 07/2023 arising out of Nirjuli P.S. Case No. 82/2023 under Sections 21(b) of the NDPS Act.
3. Mr. Gameh, learned counsel for the petitioner/accused has argued that in the aforementioned case, the accused/petitioner had been granted bail by this Court on 17.11.2023. It is submitted that the accused/petitioner was appearing regularly before the learned Trial Court, however, on a fixed date, the accused/petitioner could not appear before the Court due to a miscommunication regarding the scheduled date.
4. The learned counsel for the accused/petitioner stated that the accused was not responsible for the absence due miscommunication regarding the scheduled date and it is also submitted that the accused person was not heard and the previous bail granted to him was not cancelled before the learned Trial Court issued the NBWA. It is
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