Gopal Sarkar v. The State of Assam and Anr

ORDER Date : 17.02.2024

Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 for setting aside and quashing the impugned Orders dated

22.06.2022 & 16.09.2022 as well as the other subsequent Orders, passed by the learned Additional Session Judge No. 3, Kamrup(M), Guwahati in NDPS Case No. 141/2022, whereby the learned Court below issued NBWA and P & A against the present petitioner.

It is submitted by Mr. Das, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is no way involved in the alleged offence. However he is shown as absconder in the Charge-Sheet, though the petitioner was not aware about the pendency of this case. The learned Additional Session Judge No. 3, Kamrup(M), Guwahati did not pass any order issuing summon and without applying the judicial mind, directly passed the order issuing NBWA against the present petitioner on the very first date of the submission of the Charge-Sheet. He was supposed to appear before the learned Court below, but in the meantime, the learned Court below also issued P&A against him vide Orders dated 16.09.2022. He is ready and willing to appear before the learned Court below to face the trial, however there is an Page No.# 3/3 apprehension of arrest on the strength of NBWA as well as P&A issued against him and hence, the present petition has been filed for quashing of the said impugned Orders dated 22.06.2022 & 16.09.2022 as well as the other subsequent Orders thereof.

In this context, Mr. Borthakur, learned Additional Public Prosecutor, has submitted that the petitioner may be directed to appear before the learned Court below.

Considering the submissions made by the learned counsels for both sides and also considering the entire aspects of the case, it is provided that the petitioner shall appear before the learned Court below within 10 (ten) days from the date of this order and till his appearance, the execution of NBWA and P&A, issued against the present petitioner, vide Orders dated 22.06.2022 &

16.09.2022, and all subsequent orders, by the learned Additional Session Judge No. 3, Kamrup(M), Guwahati in NDPS Case No. 141/2022, shall be kept in abeyance subject to the condition that if the petitioner failed to appear before the learned Court below within the period of 10 (ten) days from the date of this order, this order will stand cancelled automatically.

In terms of above, this criminal petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010029092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./172/2024o GOPALoSARKARo S/OoNIPENDRAoCH.oSARKARo R/OoANDURABHAoPATHo ODALBAKRA,oGUWAHATI-34,o P.S.oDISPUR,oDIST.oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:S.I.oSOUMARoJYOTIoROY oS/OoDWEPENDRAoROYo C/OoPALTANoBAZARoPOLICEoSTATION o GUWAHATI oKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMRoPoDASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA