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GAHC010123122022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./602/2022 GOPAL SARKAR S/O- MEGHLAL SARKAR, R/O- VILL.- INDRERKUTHI, P.S. MATHABHANGA, DIST. COOCHBEHAR, WEST BENGAL.
VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM
2:ABDUL MANNAN SHEIKH S/O- LATE MOFIZUDDIN SHEIKH S.I. OF MANIKPUR P.S.
PO. MANIKPUR DIST. BONGAIGAON ASSAM PIN- 783392 Advocate for the Petitioner : MR R ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
['R ISLAM', '', 'A RAHMAN', 'PP', 'ASSAM']
ORDER
Date : 28.06.2022 Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. R.
J. Baruah, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.
By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned orders, dated 18.04.2022 and 02.05.2022, passed by the learned Special Judge, Bongaigaon, whereby NBWA has been issued against the petitioner in connection with Special (Nar) Case No. 17(m)/2022.
Mr. A. Rahman, learned counsel for the petitioner submits that after investigation, the charge sheet, vide C.S. No. 68/2022, dated 11.04.2022, under Sections 18(b)/29 of the NDPS Act was submitted, showing the petitioner as absconder and, thereafter, after filing of the charge sheet, the learned Special Judge, Bongaigaon issued NBWA against the petitioner, vide order dated 18.04.2022 and posted the case for appearance of the accused petitioner. By another order, dated 02.05.2022, the learned Special Judge, Bongaigaon issued fresh NBWA against him without examining as to whether the NBWA issued earlier was executed or not. Mr. A. Rahman further submits that the petitioner had no knowledge regarding the case as during investigation police never tried to make any contact nor visited his house for his arrest. Mr. A. Rahman, therefore, submits that the petitioner is ready to face the trial and an opportunity may be given to the petitioner for his appearance before the learned Court below and till his appearance, the execution of the NBWA issued against him may be directed to be kept in abeyance.
Mr. R. J. Baruah, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions.
Be it mentioned here that within the ambit and scope of the power vested on this Court, under Section 482 Cr.P.C., the NBWA issued by the learned Court below cannot be recalled. However, having considered the above submissions made by the learned counsel for both the sides and consideration of the averments made in the petition supported by the documents annexed thereto, it is provided that the petitioner shall appear before the learned trial Court on or before 08.07.2022 and till his appearance, the execution of NBWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear on or before 08.07.2022, this order shall automatically come to an end.
With the above directions, the petition stands disposed of.
