SUBHAS SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The impugned order dated 18th January, 2018 passed by the Learned Additional District and Sessions Judge, 1st Court, Cooch Behar in NDPS Case No. 32 of 2017 under Sections 8 (c)/20(b)(ii)(c) of N.D.P.S Act, issuing warrant, proclamation and attachment simultaneously is the subject of challenge in this revisional application.

(2.) Learned advocate for the petitioner/revisionist taking resort to Sections 82 and 83 of the Code of Criminal Procedure submitted that there could not be any composite order issuing warrant of arrest and proclamation followed by attachment.

(3.) Argument was raised by the learned advocate for the petitioner that upon fulfilment of the circumstances, laid down in Sections 82 and 83 of the Code of Criminal Procedure, the learned Magistrate could only issue proclamation and attachment in a case, where there had been a warrant of arrest issued previously against the absconding accused.