The court emphasized that non-bailable warrants should be issued only as a last resort, prioritizing personal liberty and the issuance of summons first.

THIS WP IS FILED UNDER ARTICLES 226 OF CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA (482 OF CR.P.C) PRAYING TO QUASH THE WARRANT DTD 01.10.2024 ANNEXURE-C ISSUED BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, AT BENGALURU IN SPL. C. NO. 741/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioners – accused Nos.23 and 69 are before this Court calling in question issuance of non-bailable warrant dated 01.10.2024, by the VIII Additional District and Sessions Judge, Bengaluru Rural, Bengaluru, in Spl.C.No.741/2024.

2. Heard Sri Mayur D. Bhanu, learned counsel for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent - State.

3. Facts in brief, germane, are as follows: A crime comes to be registered against unknown persons in cr4ime No.242/2024, said to be on an information of one Police Inspector of the City Crime Branch, for the offences under Sections 8(c), 22(a), 22(b), 22(c), 25, 27 and 27(b) of the Narcotics Drugs and Psychotropic substances Act and Sections 290 and 294 of the IPC. The police after completion of the investigation, file their final report on 30.09.2024. The concerned Court takes cognizance of the afore-quoted offences and issues process to secure the presence of the accused by issuance of the non-bailable warrant on 01.10.2024. The petitioners being aggrieved by the issuance of the non-bailable warrant at the outset, is knocking at the doors of this Court in the subject petition.

4. Learned counsel for petitioners submits that the issuance of non-bailable warrant against the petitioners is contrary to law and he would also rely on the judgment of the Apex Court in the case of TARSEM LAL Vs. DIRECTORATE OF ENFORCEMENT reported in 2024 SCC OnLine SC 1021.

5. Per contra, learned Additional State Public Prosecutor though would seek to refute the submission and defend the action, admits the position of law that, to secure the presence of an accused, non-bailable warrant cannot be issued.

6. The only issue that now falls for consideration is, whether while issuing process, a non-bailable warrant can be issued against the accused for securing their presence.

7. The impugned order of the concerned Court reads as follows:

“Proceedings History

Sr.No. Date Proceedings

1. 30.09.2024

2. 01.10.2024 CALL ON 01.10.2024 A1 to A5, A9

And A10 –

Present

A.No.11 is

Absent ……

Issue process

to accused

A.No.12 is not

produced to

judicial custody

…. …. ….

For order on

release of mobiles

by 07/10

O / Process and

issue N.B.W.

to rest of the

Accused as the

charge sheet.

Call on 27.11.”

(sic)

Against the petitioners, non-bailable warrant is issued as is issued against several of the accused who were not present. Whether a non-bailable warrant could be issued or not for securing the presence of the accused, need not detain this Court for long or delve deep into the matter. The Apex Court in the case of TARSEM LAL V. ENFORCEMENT DIRECTORATE reported in (2024) 7 SCC 61, considers the very issue and holds as follows:

“….. …. ….

7. If the Special Court concludes that a prima facie case of commission of an offence under PMLA is made out in the complaint, it can order the issue of process in accordance with Section 204(1)CrPC. Section 204CrPC reads thus:

“204. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—

(a) a summons case, he shall issue his summons for the attendance of the accused, or

(b) a warrant case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the pr