PINNI RAM Vs. U T CHANDIGARH

JUDGEMENT

(1.) Pinni Ram, applicant-appellant has brought this appeal against the order dated 05.06.2012 passed by learned Additional Sessions Judge, Chandigarh, vide which a penalty of Rs.50,000/- has been imposed upon him under the provisions of section 446 of the Code of Criminal Procedure.

(2.) Pinni Ram, the applicant-appellant had stood surety for accused Ajay Kumar in a case registered by way of FIR No. 59 dated 09.02.2011 at Police Station Sector 39, Chandigarh, for an offence punishable under section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act). Accused Ajay Kumar absented himself from the hearing of the case. His presence was sought to be secured by way of warrant of arrest for 05.06.2012 and the non-bailable warrants of Ajay Kumar, accused were received back unexecuted on that date. Being satisfied from the report made on the warrant of arrest that Ajay Kumar, accused has absconded and his presence could not be secured by way of ordinary process, proclamation was ordered to be issued qua him for 08.08.2012. Simultaneously, notice under section 446 of the Code of Criminal Procedure was given to Pinni Ram, applicant, the surety of Ajay Kumar, accused and he appeared in response thereto. After remaining present in the court for some time, he disappeared from the court and did not appear despite repeated calls. In these circumstances, the surety having failed to produce accused Ajay Kumar, the amount of bond furnished by Pinni Ram in a sum of Rs.50,000/- was ordered to be recovered from him, vide the impugned order.

(3.) Aggrieved by the said order, the present appeal has been filed.