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Meghalaya High Court · body

2019 DIGILAW 10 (MEG)

Debanjan Saha v. Union of India

2019-02-06

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. In connection with Crl. NDPS Case No. 7 of 2018, petitioner was not apprehended neither released on bail. It is alleged that he was evading arrest as a result whereof, was declared as proclaimed offender and a standing warrant of arrest has been issued. On behalf of the petitioner an application has been filed before the learned trial court for recall of the proclamation and the standing Warrant of Arrest on the ground that he has never evaded the arrest. Learned trial court vide order dated 21.12.2018 has observed that the petitioner is an accused in a case, involving commercial quantity of narcotics, the accused shall appear before the court on 08.03.2019. 2. The grievance of the petitioner is that he has to come from Tripura, therefore, apprehend his arrest before reaching to the court, so a prayer to cancel the standing Warrant issued by the learned Special Judge. 3. Power under Section 482 Cr.P.C. is to be exercised sparingly with circumspection, such petition cannot be entertained at the drop of a hat. It is for the petitioner to project aforesaid difficulty before the learned trial judge which course is still available to him. In the earlier filed petition disposed of on 17.12.2018 the petitioner was given liberty to move application before the trial court and to project all grounds which learned trial court was directed to consider and then to pass appropriate order. No case at all is made out in the said background for entertaining this petition. However, it shall be open for the petitioner to lay a proper motion before the learned trial court, if he so chooses. 4. Petition accordingly is disposed of.