PAWAN GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed by the petitioner under Sec. 482 of the Criminal Procedure Code (for short 'the Code') for quashing of order dtd. 15/10/2016 (Annexure P-1), passed by the Court of learned Judicial Magistrate First Class, Sonepat in case titled as DRI vs. Pawan, arising out case bearing CRM-30-2019, dtd. 17/8/2019, whereby the petitioner had been declared a proclaimed person.

(2.) As per the allegations, on the basis of a secret information received by the Custom Department about a huge quantity of red sanders wood being transported to Sharjah, UAE in a container, the said container was checked on 24/10/2014 and red sanders wood weighing 54 metric tons having value of approximately Rs.23.00 crores was seized. It was kept hidden in some bath tubs. On 25/10/2024, search operation was conducted at a godown at Bakhtawarpur, New Delhi and incriminating documents, laptops etc. were taken into possession from one Anil Kumar Singh. Some other persons were also apprehended and recovery of some red sanders wood was also effected from the godown. One of the apprehended persons namely Thindu Sherpa recorded a statement that the said godown was taken on rent by the present petitioner. It emerged that in fact the petitioner was the mastermind, who had constituted a syndicate for dealing with prohibited red sanders wood. He was not found available at his known addresses at Delhi and Kundali, Sonipat. Summons were issued to him. The petitioner, however, managed to flee to Nepal. On 27/4/2015, a detention order under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA') was issued against the petitioner for his preventive detention. He did not surrender. An application under Sec. 7(1)(a) of COFEPOSA was filed before the concerned Magistrate at Sonipat for initiating proclamation proceedings against the petitioner for securing his presence.

(3.) Vide order dtd. 30/8/2016, passed by the Judicial Magistrate First Class, Sonipat, proclamation was ordered to be issued against the petitioner for 15/10/2016. The proclamation was directed to be issued by way of publication in Newspaper also. On 15/10/2016, the executing police official appeared before the concerned Court and recorded his statement regarding publication of proclamation on 1/10/2016. By observing that the proclamation had been duly executed, the learned Magistrate declared the petitioner a proclaimed person on the same day.