[2025:JHHC:30499] 1 Cr.M.P. No. 2823 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2823 of 2025 Ganga Ram Munda, aged about 45 years, son of Chanda Munda, resident of village- Bhitiya, P.O. & P.S.- Chandwara, Dist.- Koderma ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Ms. Rashmi Kumar , Adv. For the State : Mr. Bhola Nath Ojha , Spl.. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS 2023 though with several prayers but learned counsel for the petitioner, at the outset submitted that the petitioner does not press the prayer of quashing the order dated 26.06.2025 in NDPS case no. 1 (A) of 2022 arising out Chandwara P.S. case no. 05 of 2022, by which the attachment order of the property of the petitioner has been ordered to be issued as by now no attachment of the property of the petitioner has been done as yet. Accordingly, the prayer for quashing the order dated 26.06.2025 in NDPS case no. 1 (A) of 2022 arising out Chandwara P.S. case no. 05 of 2022 is rejected as not pressed. 3. So far as the order dated 11.07.2022 passed by learned Sessions Judge-cum- Special Judge, Koderma under the NDPS Act cases, in NDPS case no. 1 (A) of 2022 is concerned, it is submitted by learned counsel for the petitioner that the investigation of the case is still going on against the petitioner and the charge sheet has not yet been submitted against the petitioner and the learned Sessions Judge, without recording any satisfaction that [2025:JHHC:30499] 2 Cr.M.P. No. 2823 of 2025 the petitioner is evading his arrest, has directed for issuance of the non-bailable warrant of arrest against the petitioner, hence, it is submitted that the order dated 11.07.2022 passed by learned Sessions Judge-cum- Special Judge, Koderma under the NDPS Act cases, in NDPS case no. 1 (A) of 2022 being not sustainable in law, the same be quashed and set aside. 4. It is next submitted by learned counsel for the petitioner that so far as the order dated 02.12.2024 passed in NDPS case no. 1 (A) of 2022 is concerned, learned Sessions Judge, Koderma has ordered for issuance of proclamation under Section 82 of CrPC without following the due process of law and without recording the satisfaction that the petitioner is absconding or concealing himself to evade his arrest which is a sine qua non for issuing proclamation under Section 82 of Cr.P.C and that too, without fixing any time and place for the accused person of the case, in respect of whom, the proclamation under section 82 of CrPC is made. Hence, it is submitted that the order dated 02.12.2024 passed in NDPS case no. 1 (A) of 2022 being not in accordance with law, be also quashed and set aside. 5. Learned Spl. PP on the other hand vehemently opposes the prayer of the petitioner and submits that the very fact that the learned Sessions Judge, Koderma has issued the non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. itself shows that there were ample materials available in the record for the learned Sessions Judge to be satisfied that there is justification for issuance of non-bailable warrant of arrest and proclamation Section 82 of Cr.P.C. Hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that as per Section 73 of the CrPC, the court may direct warrant to any person, inter alia, if the person is accused of non-bailable offence and is evading his arrest. The [2025:JHHC:30499] 3 Cr.M.P. No. 2823 of 2025 undisputed fact is that the petitioner is involved in commission of non-bailable offence but the learned Sessions Judge, having failed to record his satisfaction that the petitioner is evading his arrest but still, having issued the non-bailable warrant of arrest, this Court is of the considered view that order dated 11.07.2022 passed by learned Sessions Judge-cum- Special Judge, Koderma under the NDPS Act cases, in NDPS case no. 1 (A) of 2022 is not sustainable in law, hence, the same is quashed and set aside. 7. So far as the order dated 02.12.2024 passed in the said NDPS case no. 1 (A) of 2022 is concerned, it is pertinent to mention here that by now, it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case, the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sessions Judge, Koderma has neither recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest nor fixed any time or place for appearance of the petitioner, this Court has no hesitation in holding that the learned Sessions Judge, Koderma has committed illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law and this is a fit case where the order dated 02.12.2024 passed in the said NDPS case no. 1 (A) of 2022 being not sustainable in law be quashed and set aside. 8. Accordingly, order dated 02.12.2024 passed in the said NDPS case no. 1 (A) of 2022 is quashed and set aside. [2025:JHHC:30499] 4 Cr.M.P. No. 2823 of 2025 9. This Criminal Miscellaneous Petition is allowed to the aforesaid extent only. 10. Learned Sessions Judge, Koderma may pass a fresh order in accordance with law. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 25th September, 2025 Smita /AFR