Bandhan Hassa @ Birsa Pahan vs The State Of Jharkhand
2021 Latest Caselaw 1070 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. M.P. No.187 of 2021
                                         ----

Bandhan Hassa @ Birsa Pahan @ Bandhan Pahan ... Petitioner

-versus-

           The State of Jharkhand                    ... Opposite Party
                                         ----
                CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                    THROUGH VIDEO CONFERENCING
                                            ----
           For the Petitioner :      Mr. Avishek Prasad, Advocate
           For the State:            Mr. Bishambhar Shastri, A.P.P.
                                            ----

4/ 03.03.2021    Heard learned counsel for the petitioner and learned counsel

appearing for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11.00 a.m. They have no complain in respect to the audio and video clarity and quality.

2. Petitioner has challenged the order dated 27.08.2020 passed in Maranghada Police Station Case No.11 of 2020 (NDPS Case No.21 of 2020), by which warrant of arrest has been issued by the Court below.

3. Only on the ground that the petitioner is wanted in this case, warrant has been issued. Merely because a person is wanted in a case, warrant of arrest cannot be issued in terms of Section 73 of the Code of Criminal Procedure. As per the Code of Criminal Procedure, a person must be an accused of non-bailable offence and the accused must be evading his arrest. In this case, there is nothing to suggest from the order that the petitioner was evading his arrest. Thus, the order dated 27.08.2020 passed in Maranghada Police Station Case No.11 of 2020 (NDPS Case No.21 of 2020) is hereby set aside.

4. Further, the Special Judge, NDPS, Khunti by his order dated 17.12.2020 has issued processes under Section 82 of the Code of Criminal Procedure in a most mechanical manner without following the provisions of law and in utter violation of the order passed by this Court in the case of Md. Rustum Alam @ Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR 712. Thus, I do hereby set aside the order dated 17.12.2020 passed in Maranghada Police Station Case No.11 of 2020 (NDPS Case No.21 of 2020). The Special Judge, NDPS, Khunti is cautioned that in future he

should be vigilant and no order should be passed mechanically as has been done while passing the order dated 17.12.2020. The matter is remanded to the Court below to pass fresh order in accordance with law and in consonance with the judgment passed by this Court in the case of Md. Rustum Alam @ Rustam & Others versus State of Jharkhand as reported in 2020 (2) JLJR

712.

5. This criminal miscellaneous petition is, accordingly, allowed.

(Ananda Sen, J.) Kumar/Cp-03