Sl. No.21 19.08.2026 Suman Ct. 237 CRR 3280 of 2026 Rajeswar Barman Vs. The State of West Bengal Mr. Abhimanyo Bannerjee Mr. Arnab Saha Mr. Santanu Sett ..for the petitioner Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw ..for the State A charge sheet was filed against the petitioner along with five accused persons in connection with NDPS Case No.27 of 2025 arising out of Hili Police Station Case No.91 of 2025 dated 28.04.2025 under Sections 20(b)(ii)(c)/27A/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 presently pending before the learned Additional District and Sessions Judge, Special Court (NDPS Act), Dakshin Dinajpur at Balurghat. It appears that at the time of filing charge sheet, the petitioner was shown as absconding. On the prayer of the Investigating Agency, the learned Magistrate issued warrant of arrest against the petitioner on October 24, 2025. Thereafter, by an order dated January 29, 2026, the learned Special Judge in view of non-execution of warrant of arrest against the petitioner issued “WPA” against the petitioner. Learned advocate appearing for the petitioner submits that the learned Special Judge ought not to have issued “WPA” simultaneously. In my view, the learned Special Judge was not justified in issuing warrant of arrest, proclamation and attachment simultaneously without providing the reason for the same. In that view of the matter, the order dated January 29, 2026 is set aside. However, learned advocate appearing for the petitioner submits that the petitioner is willing to surrender before the learned Court below within a period of one month from date. In view of the aforesaid submission, the warrant of arrest issued against the petitioner is stayed for a period of one month from the date of this order, subject to the condition that the petitioner shall surrender before the learned Magistrate within the said period. In the event the petitioner surrenders before the learned Magistrate, any application for bail filed by him shall be considered and decided in accordance with law without being influenced by this order. In the event the petitioner fails to surrender in terms of this order within the stipulated period, the warrant of arrest shall stand revived automatically, and the learned Magistrate shall be at liberty to execute the same in accordance with law. 2 It is made clear that this order shall not preclude the petitioner from filing an appropriate application seeking appropriate relief. Accordingly, CRR 3280 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 3