Abdul Mojid Mandal @ Abdul Majid Mandal Vs the State of Jharkhand

( 2026:JHHC:22207 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2132 of 2026

Abdul Mojid Mandal @ Abdul Majid Mandal, Aged about 46 years, S/o –Muzafar Mandal @ Mojaffar Mandal, R/o –Mandal Para, Aguri Band, Punisol, P.O.+P.S. –Onda, District –Bankura (West Bengal).

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.... Petitioner

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Versus The State of Jharkhand …. Opp. Party

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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….. For the Petitioner : Mr. Pratiush Lala, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P.

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By the Court:-

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Heard the parties.

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025 by which the learned Sessions Judge issued the proclamation under Section 82 of the Cr.P.C. involving the offences punishable under Section 15/18/25 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

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It is submitted by the learned counsel for the petitioner that the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025 has been passed without fixing any time and place for appearance of the petitioner, who is the accused person of the case concerned therefore, the same is not in accordance with law.

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Cr.M.P. No.2132 of 2026

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Hence, it is submitted that the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025 be quashed and set aside.

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The learned Special Public Prosecutor on the other hand opposes the prayer and submits that since the order of proclamation has been issued so the natural corollary is that the petitioner is to appear one month after the proclamation is made before the court concerned during the court hours. So there is no illegality in the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

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Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that by now it is a settled principle of law that the court which issues the proclamation under Section 82 of Cr.P.C. must record its satisfaction that the accused in respect of whom the proclamation under Section 82 of Cr.P.C. is made, is absconding or concealing himself to evade his arrest and in case the court decides to issue proclamation under Section 82 of Cr.P.C., it must mention the time and place for appearance of the petitioner in the order itself by which the proclamation under Section 82 of Cr.P.C. is issued. As already indicated above since the learned Sessions Judge, Bokaro has not fixed any time or place for appearance of the petitioner who is the accused person of this case, this Court has no hesitation in holding that the learned Sessions Judge, Bokaro has committed

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illegality by issuing the said proclamation under Section 82 of Cr.P.C. without complying with the mandatory requirements of law. Hence, the same is not sustainable in law and the continuation of the same will amount to abuse of process of law. Therefore, this is a fit case where the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025 be quashed and set aside qua the petitioner.

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Accordingly, the order dated 18.05.2026 passed by the learned Sessions Judge, Bokaro in connection with N.D.P.S. No.01 of 2025(S) arising out of Chas P.S. Case No. 67 of 2025, is quashed and set aside qua the petitioner.

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