STATE Vs. VIRENDER YADAV

JUDGEMENT

(1.) Present criminal leave petition has been preferred by the State challenging the judgment dated 22nd October 2011 passed by the learned Additional Sessions Judge, Fast Track, New Delhi, thereby acquitting the accused persons for the offence punishable under Section 21 of NDPS Act. Notice of this criminal leave petition was directed by this court vide orders dated 24th September 2011, pursuant thereof, respondent No. 2 had appeared alongwith his counsel. But so far as respondent No. 1 is concerned, he remained unserved. Non-bailable warrants were directed by this court against respondent No. 1 vide order dated 1st August 2013 but the same also remain unexecuted. Therefore, fresh Non-bailable warrants were also executed against him for today but without there being any change in the position.

(2.) Mr. Dayan Krishnan, learned Additional Standing Counsel (Criminal) for the State submits that respondent No. 1 is already an accused in FIR No.380/2008 under Section 21 of NDPS Act, Police Station, Connaught Place, New Delhi and in the said case also, respondent No. 1 has not been appearing and consequently the proceedings under Section 82 of Criminal Procedure Code, 1973(hereinafter referred to as the "Cr.P.C.") for declaring him a proclaimed offender have been initiated by the learned trial court. Learned Additional Standing counsel (Crl.) for State submits that the State has made all efforts to trace him which includes circulation of his photographs to all the beat staff and the secrete informers. Further the search of respondent No. 1 has also been carried at several places like Palika Bazar, Hanuman Mandir, Bangla Saheb Gurudwara, New Delhi Railway Station. However, despite best efforts, his whereabouts could not be ascertained.

(3.) As per learned Additional Standing Counsel (Criminal) for the State, in the absence of any information with the police about his latest address, it is now difficult to execute the Non-bailable warrants against him. Learned Additional Standing Counsel (Criminal) requests that the present criminal leave petition be adjourned sine die and as and when respondent No. 1 appears in the said criminal case or is traced otherwise, then the State shall be allowed to move an application to seek revival of the present leave petition.