MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of Code of Criminal Procedure (Cr.P.C) for quashing of impugned order dtd. 20/12/2022 (Annexure P-5) passed by trial Court whereby the bail bond and the surety bonds of the petitioner has been cancelled and forefeited to the State and non bailable warrants have been issued against him in case FIR No.52 dtd. 15/7/2018, under Sec. 21/22 of NDPS Act, 1985, registered at Police Station Mehta, District Amritsar.

(2.) As per allegations in the FIR, the alleged recovery is of 15 grams of heroin which is non-commercial in nature. The petitioner was granted the concession of regular bail vide order dtd. 27/9/2018. The petitioner has been regularly appearing before the trial Court since he was granted bail. The charges were framed against him on 30/8/2019. On 7/10/2022, the petitioner appeared before the trial Court and the prosecution witnesses were summoned for 20/12/2022. On 20/12/2022, petitioner could not appear as he was not well. He had given an intimation to his counsel to file an application for exemption but the same was not be filed. The trial Court forefeited his bail bonds and surety bonds and issued non bailable warrants against him. Thereafter, the trial Court initiated proceedings under Sec. 82 Cr.P.C. which are now pending for 6/6/2023.

(3.) Learned counsel for the petitioner contended that the non bailable warrants of arrest have been issued in a mechanical manner and in the same fashion proceedings under Sec. 482 Cr.P.C. are initiated therefore, the impugned orders are passed in complete violation of the procedures prescribed under the statute.