Dismissed¶24

Polash Ghosh v. the State of Assam

Gauhati HC4 Jan 2026Crl.Pet./1628/2025

Case brief

AI extract

What is this about?

Setting aside of non-bailable warrants (NBW) refused; prolonged default in personal appearance since 01.03.2023 without satisfactory explanation; Bilasipara Police Station Case no. 436/2012; phensedyl seizure of 239 cartons from truck WB-23/B-0126 on 18.06.2012; IPC Sections 420/468 with NDPS Act Section 22; charge-sheet no. 315/2021 under Section 173(2) CrPC for Sections 22(c)/29 NDPS Act; co-accused Somir Mandol; Court of Special Judge, Bilasipara; Gauhati High Court Crl.Pet./1628/2025; dismissed by Manish Choudhury, J. on 05.01.2026.

What did the court decide?

Finding no satisfactory explanation for the petitioner's absence for the prolonged period from 01.03.2023 till date, the Court found no ground to interfere with the Order dated 01.03.2023 and the subsequent Orders of the Special Court issuing NBWAs, and dismissed the criminal petition.

Polash Ghosh Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

Page No.# 1/3

GAHC010281552025

2026:GAU-AS:80

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./1628/2025

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POLASH GHOSH

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S/O- KRISHNA GHOSH R/O-VILLAGE-CHAKDAH, P.O- CHAKDAH P.SKRISHNA NAGAR, DISTRICT-NADIA, WEST BENGAL

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. S A AHMED, MS. K DAS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 05.01.2026

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Heard Mr. S.A. Ahmed, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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In a First Information Report [FIR] registered on 18.06.2012 as Bilasipara Police Station Case no. 436/2012, the petitioner was one of the two named accused persons. Allegations were leveled against the petitioner for commission of the offences under Sections

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Page No.# 2/3

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420/468, Indian Penal Code [IPC] read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short]. Based on receipt of secret information that a truck bearing registration no. WB-23/B-0126 [‘the subject-vehicle’] was carrying illegal drugs [phensedyl], the subject-vehicle was intercepted by police personnel on 18.06.2012 and searched. On search, 239 nos. of cartons of phensedyl [containing 50 nos. of bottles in each carton] was recovered and seized. The petitioner and the other accused were the two occupants of the subject-vehicle. In the course of investigation, the petitioner was arrested on 19.06.2012. Subsequently, the petitioner was released on bail. After completing investigation into Bilasipara Police Station Case no. 436/2012, a charge-sheet under Section 173[2], CrPC was submitted vide Charge-Sheet no. 315/2021 on 07.08.2021 finding a prima facie case established against the petitioner and one Somir Mandol for committing the offences under Sections 22[c]/29 of the NDPS Act.

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It is the case of the petitioners that on receipt of summons from the Court of Special Judge, Bilasipara, where the trial is presently pending, the petitioner appeared before the Special Court on 03.03.2022. On a prayer being made, the petitioner was allowed to be released on bail. The petitioner continued to appear before the Special Court till 14.06.2022. However, the petitioner did not appear in person before the Special Court during the period from 25.07.2022 to 07.01.2023 and his learned engaged counsel took steps on his behalf during the said period. On 01.03.2023, the petitioner did not appear in person. Since 01.03.2023, the petitioner made default in appearing before the Special Court in person. No steps were also taken on his behalf by the learned engaged counsel for the petitioner since 01.03.2023.

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Recording the default, the Special Court issued warrant of arrest against the petitioner on 01.03.2023 and on all subsequent dates, 12.04.2023, 07.06.2023, 11.08.2023, 06.10.2023, 08.12.2023, 17.02.2024, 23.04.2024, 25.06.2024, 08.08.2024, 05.10.2024, 06.12.2024, 01.02.2025, 20.03.2025, 08.05.2025, 05.07.2025, 30.08.2025 and 19.11.2025.

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The petitioner is before this Court by the instant criminal petition seeking setting aside of the orders issuing non-bailable warrants of arrest [NBWA] issued against the petitioner by the Order dated 01.03.2023 and on all subsequent dates by the Special Court.

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Page No.# 3/3

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I have gone through the reasons assigned by the petitioner regarding his nonappearance for the period of about two years ten months from 01.03.2023 till date.

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Having found no satisfactory explanation about his absence for the prolonged period from 01.03.2023 till date, this Court finds no ground to interfere with the Order dated 01.03.2023 as well as the subsequent Orders passed by the Special Court issuing NBWAs against the petitioner. Resultantly, this criminal petition is dismissed.

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It is for the petitioner to appear before the Special Court and to participate in the trial.

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JUDGE

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Comparing Assistant

Polash Ghosh v. the State of Assam

Case brief

What is this about?

What did the court decide?

Polash Ghosh v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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