Crl.Pet. 4/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. AM Mazumdar, learned Sr. counsel for the petitioner and Mr. Munir, lea rned A. PP, Assam. Challenge made in this petition is an order dated 2.1.09 passed by the learned S ub-Divisional Judicial Magistrate (M) Bilasipara by which the learned trial cou rt passed an order to issue NBWA against the petitioner fixing 12.1.09. The petitioner was granted bail by the learned Magistrate on 26.12.08 holding th at the offence under Section 7 of the E.C. Act is a bailable offence. Upon hearing the learned counsel for the parties and on perusal of the materials available on record, this criminal petition is disposed of with the direction t hat the warrant of arrest, if issued, in terms of the impugned order dated 2.1. 09 shall be treated as bailable one of Rs. 10,000/- and the petitioner shall app ear before the learned trial court on the date fixed, failing which the learned Magistrate would be entitled to pass appropriate order as may be justified unde r the provisions of law. The learned trial court shall also consider whether rel ated violation of the order passed under the control order issued under the Esse ntial Commodities Act is a bailable or non bailable one. With the above direction and observation, this criminal petition stands dispose d of.