Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010170512025
2025:GAU-AS:11735
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./942/2025 TIKEN BORO SON OF BIRON BORO RESIDENT OF VILL- PAKRIGURI, P.S. SIMLA, DIST. BAKSA (BTR), ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED SPECIAL PP, WILD LIFE DEPARTMENT, ASSAM. Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MS SURAYA RAHMAN,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, MR. I BORTHAKUR, LD. SPL. PP, WILDLIFE
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 01.09.2025
1. Heard Mr. S Nawaz, learned counsel for the petitioner. Also heard Mr. I Borthakur, learned counsel appearing on behalf of Ld. Special Public Prosecutor, Wildlife. 2. By this application, the petitioner has prayed for quashing of various orders from 30.03.2021 till 06.06.2025 passed by the Ld. Page No.# 2/3 District & Sessions Judge, Baksa, Mushalpur in Special Wildlife Protection Act Case No. 03 of 2018 by which Non-Bailable Warrant of Arrest as well as Proclamation and Attachment orders were issued against the petitioner. 3. Mr. S Nawaz, learned counsel for the petitioner submits that initially, the petitioner had cooperated with the trial and appeared before the Ld. Trial Court, as and when called for and that 6(six) witnesses were already examined. But, with the advent of the Covid-19 pandemic, the petitioner was forced to leave for other places in search of livelihood and in the process, he lost contact with the advocate and as such, could not appear before the Ld. Trial Court, although he tried his best. 4. It is seen that the petitioner had given reasons on 20.02.2024 that he could not appear because of illness and on the next occasion i.e. on 30.03.2021, the petitioner along with another were absent without any steps and subsequently, NBWAs were issued against the petitioner and another person and that finally on 06.04.2024, P&A was issued against petitioner since the NBWA have returned without execution and that on 06.06.2025, proclamation was issued against the petitioner and was executed duly in presence of the witnesses and the petitioner was also declared as a proclaimed offender and the case was filed against him and that the case would be reopened on his production in execution of the pending warrant. 5. Mr.
5. Mr. S Nawaz, learned counsel for the petitioner submits that the petitioner has prayed that he may be allowed to appear before the Court. 6. Mr. I Borthakur, learned counsel appearing on behalf of Ld. Special
Page No.# 3/3 Public Prosecutor, Wildlife fairly submits that the petitioner may appear before the Court on the next date fixed by the Court. 7. As such, this Court directs that the petitioner would appear before the Ld. District & Sessions Judge, Baksa, Mushalpur within a period of 10(ten) days from today till then, the NBWA may be kept in abeyance. 8. If the petitioner does not appear within the said stipulated time, this order will automatically get vacated and the NBWA would get revived. 9. In view of the above, petition stands disposed of. JUDGE Comparing Assistant