BHAGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in these two appeals i.e. CRA-S No. 721-SB of 2004 and CRA-S No. 722-SB of 2004, is to the order dated 02.03.2004 vide which in exercise of power under Section 446 Cr.P.C., 1973 the trial Court has imposed a penalty of L 2,00,000/- each to be paid by the appellants - Bhagat Singh (in CRA-S No. 721-SB of 2004) and Suba Singh (in CRA-S No. 722-SB of 2004).

(2.) Brief facts of the case are that an FIR No. 197 of 1997 dated 12.07.1997 under Section 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') was registered at Police Station Jhansa against 04 accused persons namely Satnam Singh, Mukhtiar Singh, Nachhatar Singh and one Nirmal Singh. During the pendency of the trial, the registered owner of the tractortrolley No. HR-070-2359 which was allegedly used in commission of the crime was obtained on superdari by the appellant - Bhagat Singh while the appellant - Suba Singh stood surety for the same and as per the directions issued by the trial Court, the appellant had furnished superdaginama in the sum of L 2,00,000/- each with a further condition that the superdari would produce the aforesaid tractor-trolley on each and every date of hearing. On 24.11.2003, the appellant - Bhagat Singh in whose favour the said tractor-trolley was released on superdari failed to produce the same being case property before the trial Court and, therefore, the trial Court forfeited the surety amount in favour of Bhagat Singh and issued a notice under Section 446 Cr.P.C., 1973 to both the appellants namely Bhagat Singh and Suba Singh. Vide impugned order dated 02.03.2004, a penalty of L 2,00,000/- was imposed to be paid equally by the appellants - Bhagat Singh and Suba Singh being superdar as well as surety.

(3.) The present appeals have been filed challenging the aforesaid order dated 02.03.2004.