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GOPAL SARKAR – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


Advocates:
['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 ca

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