JINEESH P.U. Vs. STATE OF KERALA

JUDGEMENT

(1.) The order dated 04.07.2019 passed by the Additional Sessions Judge-II, North Paravur in the case M.C No. 12/2019 in S.C No. 812/2018 is challenged in this appeal.

(2.) The appellant was a surety of the accused in the case S.C No. 812/2018 in which an offence punishable under Section 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985 was alleged against the accused. The accused in the case was a person hailing from West Bengal. He did not appear before the trial court and he absconded. Then, the trial court issued notice to the sureties of the accused, including the appellant, to show cause why penalty shall not be imposed on them. The notice was served on the sureties. The appellant and the other surety of the accused appeared before the trial court pursuant to the notice. They sought time for producing the accused before the court. They did not produce the accused before the court. They also did not show any cause for not imposing penalty on them. As per the impugned order, the trial court imposed a penalty of Rs.80,000/- each on the appellant and the other surety of the accused.

(3.) Heard the learned counsel for the appellant and also the learned Public Prosecutor.