THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 4143 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’), seeking quashment of the proceedings against the petitioner in Warrant in M.C.No.A/288/2025, dated 19.03.2025 passed by the Executive Magistrate & Tahsildar, Khanapur Mandal, Nirmal District.

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2. Heard Mr.Alluri Divakar Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State.

3. In the impugned proceedings, the petitioner has been committed to prison under a warrant for breach of bond for good behaviour executed under Section 122 (1) (b) of Cr.P.C., and this Court vide interim order dated 21.03.2025 released the petitioner from the District Jail, Adilabad, forthwith.

4. Learned counsel for the petitioner submits that the Executive Magistrate/Tahsildar (respondent No.2) issued a warrant in Form-16 for the petitioner’s committal to prison, citing failure to furnish security for good behaviour. The petitioner had been directed to execute a bond with surety for a sum of Rs.2,00,000/- for a period of two years. Upon the petitioner’s failure to comply, respondent No.2 treated it as a default and committed the petitioner to imprisonment for 528 days, on the ground that he had failed to provide the requisite security for good behaviour.

5. The learned Additional Public Prosecutor states that, based on information from the Excise Inspector regarding a breach of bond, the Tahsildar issued a notice of forfeiture. Thereafter, the impugned warrant was issued and the petitioner was committed to prison for failure to furnish the bond with surety. However, the learned Additional Public Prosecutor fairly concedes that there is no record to indicate that any proceedings or enquiry were conducted by the Executive Magistrate prior to issuing the warrant.

6. I have carefully examined the materials on record.

7. A close examination of the impugned warrant reveals that the Executive Magistrate/Tahsildar (respondent No.2) proceeded to issue the warrant solely on the ground that the petitioner had failed to execute the bond with surety for Rs.2,00,000/-, as previously directed. Notably, no opportunity was given to the petitioner to explain or respond before the issuance of the warrant. It must be emphasized that mere non-compliance with the direction to furnish a bond and surety does not constitute an offence, nor can it be equated to a conviction warranting imprisonment.

8. The record further shows that the warrant of imprisonment was issued on the basis of default in providing security. The communication from the Prohibition and Excise Inspector (complainant/respondent No.3) indicates that the petitioner and another individual were found riding a motorcycle in possession of illicitly distilled liquor. A criminal case was registered under Section 7-A read with Section 8(e) of the Prohibition and Excise Act, 1995. On the same day, i.e., 06.03.2025, the Mandal Executive Magistrate/Tahsildar (respondent No.2) issued a notice of forfeiture of the good behaviour bond, directing the petitioner to either pay the penalty of Rs.2,00,000/- or show cause within seven days as to why he should not be committed to imprisonment until the expiry of the bond period. Subsequently, on 19.03.2025, the impugned warrant was issued. However, the record does not reflect compliance with the procedure outlined under Section 141(1)(b) of BNSS, 2023, which mandates that the Magistrate must record the grounds and evidence establishing that the person bound by the bond has committed a breach. This statutory requirement implies an independent and reasoned determination by the Magistrate. In the present case, the complainant’s assertion that a crime was registered against the petitioner for possession of illicit liquor does not, in itself, amount to proof of breach of bond. Mere registration of an