Page No.# 1/3 GAHC010022742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./110/2025 MOZIBUR RAHMAN S/O LATE LATIF AMIN VILL-KASIMA P.S. CHUNARI DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSCUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.02.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 528 of BNSS 2023 has been filed by the petitioner, namely, Mozibur Rahman, impugning the order dated 30.08.2024 and subsequent orders including order dated 06.12.2024 by which non-bailable Page No.# 2/3 warrant of arrest was issued against the petitioner as well as the orders for proclaiming him as an absconder as well as the attachment of his properties were directed. 3. The learned counsel for the petitioner has submitted that the petitioner had received summons from the Court of learned Special Judge No. 2, Goalpara in Special NDPS Case No.24/2022 and the date for his appearance was fixed on 30.11.2023. 4. He submits that on that day as the petitioner was ill he moved an adjournment petition setting the reasons for his absence, through his engaged counsel, which was allowed by the trial court. 5. He submits that thereafter, on the next date fixed he lodged contact with his engaged counsel and he could not appear before the trial court, on which day i.e., on 30.08.2024 the trial court issued bailable warrant of arrest against him. 6. On 30.08.2024, the report of bailable warrant was placed before the trial court wherein it was stated that the petitioner is staying at Guwahati in connection with his work. However, the trial court issued non-bailable warrant of arrest against him and ultimately on 06.12.2024 in addition to non-bailable warrant of arrest, the orders for proclaiming the petitioner as an offender. 7. The learned counsel for the petitioner has submitted that before issuing such order under Section 84 of BNSS, the trial court did not record any reason, which are required to be there before issuing such proclamation. 8. The learned counsel for the petitioner has also submitted that the petitioner is ready to face trial. He submits that the other co-accused has already been enlarged on bail after perusal of the case diary in which the court granting bail also made an observation that none of the witnesses recorded Page No.# 3/3 under Section 180 of the BNS had made any implicating statement against the accused persons regarding cultivation of opium as was alleged in the FIR. 9. On the other hand, the learned Additional Public Prosecutor has submitted that as the petitioner failed to appear before the trial court, the trial court was left with no other option but to issue non-bailable warrant of evidence against him. 10. I have considered the submissions made by learned counsel for the petitioner as well as the learned Additional Public Prosecutor. 11. It appears that while issuing P&A against the present petitioner, the reasons required to be mentioned by the issuing court are not mentioned in order dated 06.12.2024. 12. Moreover, the report of the executing authority on the bailable warrant of arrest issued against the petitioner shows that the petitioner was residing at the relevant time at Guwahati for his livelihood. 13. There is no indication that he is evading the course of justice or is absconding. 14. In view of above, this criminal petition is disposed of with a direction to the petitioner to appear before the trial court on the next date fixed in the Special NDPS Case No. 24/2022, i.e., on 18.02.2025. 15. To facilitate such appearance by the petitioner, the operation of NBWA as well as P&A issued against the present petitioner shall remain suspended till that date. 16. With the above observation, this criminal petition is disposed of. JUDGE Comparing Assistant