THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13719 of 2025

ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.1 seeking to quash the Non-Bailable Warrant issued on 21.04.2025 in S.C.NDPS.No.0000008/2024 on the file of Metropolitan Sessions Judge, Hyderabad, registered for the offences under Sections 8 (c) r/w. 22 (c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Heard Mr.Mohd.Fasiuddin, learned counsel for petitioner and Smt. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioner submits that the petition filed under Section 70(2) of the Cr.P.C. seeking recall of the NBW issued against the petitioner was dismissed on the ground that the petitioner was absent when the petition was heard before the Sessions Court. He further submits that the petitioner was hospitalized on the said date, which caused his absence. Hence, he prayed to set aside the said impugned order and direct the trial Court to consider the recall petition.

4. Learned Assistant Public Prosecutor has subm