UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The order dated 08.03.2018 passed by the Additional Sessions Judge-II, North Paravur in the case M.C.No.04/2018 in S.C.No.586/2017 is challenged in this appeal.

(2.) The appellant was a surety of the accused in the case S.C.No.586/2017 in which an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was alleged against the accused. The accused was a person hailing from West Bengal. He did not appear before the trial court and he absconded. Then, notice was issued 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. They did not show any cause for not imposing penalty on them. As per the impugned order, the trial court imposed a penalty of Rs.1,00,000/- each on the appellant and the other surety of the accused.

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