ERAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) In the petition on hand an order passed by Special Court for SC/ST (POA) Act and NDPS Act cases, Manjeri in S.C. No.353/2022, which was originated from Crime No.02/2022 of Excise Range Office, Parappanangadi is under challenge. The copy of the impugned order is produced alongwith the petition on hand as Ext.P2. The order reads :

(2.) The grievance of the petitioner is that he was chargesheeted for offences punishable under Ss. 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and final report was filed. In the crime, he was granted bail on 25/3/2022 and he was released on 31/3/2022. As per Ext.P2, the case was taken up by the Special Court on 7/4/2022 and it was recorded that the accused was absent and representation was not for him. Therefore, NBW was ordered against the accused and notice was ordered against the sureties. The learned counsel for the petitioner has produced the proceedings sheet of S.C.No.353/2022 wherefrom it is seen that 7/4/2022 is the first posting of the case after granting bail to the petitioner.

(3.) It is revealed from the materials furnished that summons was not ordered to be issued to the accused for his appearance before the court. Without issuing summons, issuance of warrant to the petitioner and notice to the sureties was resorted to. The Special Court is highly unjustified in doing so. In the above circumstances, this Court is inclined to allow the O.P.(Crl.) and to set aside Ext.P2 order. The court below shall proceed to issue summons to the petitioner for his appearance before the court.