AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been preferred by the petitioner under Sec. 482 Cr.P.C. for quashing impugned order dtd. 20/8/2018 (Annexure P-7) passed by the Chief Judicial Magistrate, Tarn Taran, whereby he has been declared as Proclaimed Offender in case FIR No.171 dtd. 22/5/2014 under Sec. 27 of the Narcotic Drugs & Psychotropic Substances Act, 1985, registered with Police Station, City, Tarn Taran.

(2.) Succinctly, on 22/5/2014, the petitioner alongwith three others was apprehended by the police party while consuming intoxicant substance with the help of candle and match box. An unburnt match box, silver foil and candle were recovered on their personal search, on the basis of which, the present FIR was registered.

(3.) Petitioner was granted regular bail by the trial court vide order dtd. 21/6/2014 (Annexure P-2). After the concession of regular bail, the petitioner put in appearance before the trial court upto 11/1/2018, on which date, neither petitioner nor his counsel put in appearance. As a result of his absence, the trial court cancelled the bail & surety bonds and forfeited the same to the State vide order dtd. 11/1/2018 (Annexure P-3) and he alongwith co-accused was ordered to be summoned through non-bailable warrants of arrest for 23/2/2018. On 23/2/2018, non-bailable warrants of arrest qua petitioner were received back with the report that his house was found locked. Consequently, finding that presence of petitioner could not be procured through ordinary process, he was summoned through proclamation under Sec. 82(1) Cr.P.C., returnable by 23/4/2018 by the trial court vide order dtd. 23/2/2018 (Annexure P-4). The proclamation was not received back on 23/4/2018 and so was the position on 4/7/2018. On 4/7/2018, petitioner was again ordered to be summoned under Sec. (82)(1) Cr.P.C. for 7/8/2018. On 7/8/2018, HC Harjinder Singh appeared in the court and returned the proclamation of petitioner Avtar Sigh, however, he did not sign the statement recorded in the court on oath and skipped away. The matter was adjourned for 20/8/2018 for awaiting the presence of petitioner and HC Harjinder Singh was also ordered to be summoned through non-bailable warrants for the said date. Be that as it may, proclamation was effected on 20/7/2018.