Page No.# 1/3 GAHC010273802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1576/2024 AMINA BEGUM W/O LATE JAILOV KHAN R/O KALTOLICHAR, CHENGABAHARI P.S. TARABARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D ZAKARIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-01-2025 Heard Mr. S. Rana, the learned counsel for the petitioner and also heard Ms. S.H. Borah, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for setting aside/quashing of NBWA and Proclamation issued against the petitioner against order dated 06.08.2022 passed by the learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati in NDPS Case No. 83/2018, u/s 21(b) of NDPS Act, issuing NBWA against the accused/petitioner. 3. It is submitted by Mr. Rana that the present accused/petitioner is an accused of a NDPS case and during investigation she was on bail and after filing of the charge-sheet and also after receiving summon she engaged counsel to represent her and accordingly he also represented her before the Court. However, after the outbreak of Covid-19 she missed the communication with her engaged counsel for which considering the lapses, NBWA was issued by the Court. However, she did not had any information regarding the issuance of NBWA and for which she could not appear and finally the learned Special Judge issued proclamation and her case was also filed vide order dated 04.01.2025. However, the BWA was issued against her bailer. Mr. Rana further submitted that she is ready and willing to appear before the learned Trial Court below and face the trial if she is provided with some interim protection till her appearance before the learned Trial Court below. 4. Ms. S.H. Borah, the learned Additional Public Prosecutor submitted in this regard that this case is pending since 2019 for her appearance and in spite of issuance of NBWA against her on several occasions that could not be executed and finally the Court issued BWA and NBWA against her and case was filed against her. She further submitted that from the Annexure-10 as annexed in the petition, it is seen that earlier also the present-petitioner appeared before this Court with an application and vide order dated 04.10.2023 the NBWA issued against her was stayed/suspended with a direction to appear her before the Page No.# 3/3 learned Trial Court below. But, till date she did not appear before the learned Trial Court below and came up with this petition. Accordingly, she submitted that it is not at all a fit case to extent her with any interim protection and liable to be dismissed. 5. Hearing the submissions made by learned counsel for both sides and have also perused the Case Diary and annexures filed with the petition, it is seen that after exhausting all procedures the learned Trial Court below also issued PNA against her along with notice to the bailer but the bailer could not produce her before the Court and for which Court also had to issue BWA against the bailer fixing for his appearance on 21.03.2025. Further it is seen that vide order dated 04.01.2025 the case against the present petitioner had to be filed by issuing warrant against her considering her absence. Thus it is seen that the learned Trial Court below took all the endeavour to procure the attendance of the present petitioner and further it is seen that in spite of obtaining an order from this Court passed in Criminal Petition No. 1065/2023 dated 04.10.2023, the petitioner never appeared before the learned Special Judge even after lapse of more than one year. 6. Thus, considering the case of the present petitioner, this Court is of the opinion that no interim protection can be provided to the present petitioner. However, she is at liberty to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. 7. With the above observations, the criminal petition stands disposed of. JUDGE Comparing Assistant