ORDER

Date : 28-05-2021 Heard Mr. A. Ali, learned counsel for the petitioner and Mr. U. Bori, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

This is an application under Section 482 of the Cr.P.C praying for quashing of the order dated 05.12.2018 passed by the learned Additional Sessions Judge/Special Judge, NDPS, West Sessions Division Bomdila in Criminal Misc. Case No.112/2018 (WSB/BDL) of Balemu P.S. Case No.11/2018 (Unesh Ali Vs. State of Arunachal Pradesh), whereby, Non-Bailable Warrant of Arrest (NBWA) against the petitioner had been issued in connection with Balemu P.S. Case No. 11/2018 under Section

20(B) NDPS Act.

It has been submitted by Mr. U. Bori, learned Additional Public Prosecutor that Charge-Sheet in connection with Balemu P.S. Case No.11/2018 under Section 120(B) NDPS Act has now been filed on 16.03.2021 before the learned Special Judge, NDPS, Bomdila where the petitioner has been named as absconding accused.

In view of the above, Mr. Ali, learned counsel for the petitioner submits that the petitioner is ready to appear before the learned Special Judge, NDPS, Bomdila in connection with the trial of Balemu P.S. Case No.11/2018 and also for making an application for recalling of the Non- Bailable Warrant of Arrest issued vide order dated 05.12.2018 by the learned Special Judge, NDPS, West Sessions Division Bomdila. He however, prays for a limited protection to be given to the petitioner until the petitioner approaches the learned Special Judge, NDPS, West Sessions Division Bomdila.

Considering the matter in its entirety, the prayer made by Mr. Ali, learned counsel for the petitioner is accepted and the petitioner is granted 4(four) weeks’ time to appears before the learned Special Judge, NDPS, Bomdila in connection with the trial of Balemu P.S. Case No.11/2018 as well as for recalling of Non-Bailable Warrant of Arrest (NBWA) issued vide order dated 05.12.2018 in Balemu P.S. Case No.11/2018. Accordingly, the petitioner shall appear before the learned Special Judge, NDPS, West Sessions Division Bomdila within a period of 4(four) weeks from today with an appropriate application as indicated above without fail. On appearance of the petitioner, the learned Special Judge, NDPS, Bomdila shall proceed against the petitioner in accordance with law. The order dated 05.12.2018 passed by the learned Special Judge, NDPS, Bomdila in Criminal Misc. Case No.112/2018(WSD/BDL) in Balemu P.S. Case No.11/2018 shall in the meanwhile remain stayed only for a period of 4(four) weeks from today to enable the petitioner to appear before the learned Special Judge, NDPS, West Sessions Division Bomdila as indicated above.

The Criminal petition stands disposed of in terms above.

JUDGE

Comparing Assistant