AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the order dated 29.05.2012 passed by the Additional Sessions Judge, Barnala, whereby penalty of Rs.50,000/- has been imposed upon surety Ajaib Singh-appellant under Section 446 Cr.P.C.

(2.) The appellant stood surety for accused-Sanjay Kumar in case FIR No.221 dated 27.06.2011, under Sections 22/61/85 of Narcotic Drugs & Psychotropic Substances Act and Section 15 (2) of IMC Act, 1956, registered at Police Station City Barnala, who was granted bail. Therefter, the said accused absconded and vide order dated 29.04.2012 proclamation proceedings under Section 82 Cr.P.C., were initiated against him. However, accused-Sanjay Kumar did not put in appearance after the expiry of 30 days of proclamation and ultimately, he was declared as proclaimed offender on 29.05.2012. A notice was also issued to the surety-Ajaib Singh (appellant) under Section 446 Cr.P.C., consequent upon whicch, he put in appearance and stated that he had made efforts to trace the accused, but he was not traceable. Accordingly, a penalty of Rs.50,000/- was imposed upon him under Section 446 Cr.P.C.

(3.) In compliance with the order dated 11.09.2012 passed by this Court, half of the penalty amount i.e. Rs.25,000/- was deposited before the trial Court as per letter No.755/D.R.A.(T) dated 19.09.2012.