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 submitted to pass appropriate orders.

5. Perused the record.

6. The case status report filed by the petitioner discloses that on 21.04.2025, the petitioner was called absent and there was no representation on his behalf, which led to the issuance of an NBW against the accused. Subsequently, the petitioner filed a recall petition, on which the present impugned order has been passed by the learned Judge. Though the presence of the petitioner is not mandatory for recalling the NBW, it is to be noted that the warrant was issued due to his absence on the relevant dates when the matter was posted for hearing and there was no representation on his behalf. The learned counsel for the petitioner contends that the petitioner was bedridden during the relevant period. In support of this contention, the learned counsel has produced the petitioner’s medical reports, explaining his inability to appear before the Sessions Court.

7. Considering the submissions of the learned counsel, this Court deems it appropriate to dispose of the petition by directing the petitioner to file an appropriate petition to recall the warrant. The Sessions Court shall consider the same and pass appropriate orders strictly in accordance with law, without being influenced by any of the observations made by this Court.

8. Accordingly, the Criminal Petition is disposed of. However, it is made clear that the petitioner shall appear before the Court whenever the case is posted for hearing or shall be duly represented by his counsel on every date of hearing.

Pending miscellaneous applications, if any, shall stand closed.

_____________________________

JUSTICE TIRUMALA DEVI EADA Date: 24.10.2025 Lk THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13719 of 2025 Dated:24.10.2025 lk