STATE OF HIMACHAL PRADESH Vs. ROLF DAGFINN BAJARBO

JUDGEMENT

(1.) This is an appeal by the State of H.P. against the judgment dated 8.9.1999 passed by the learned Special Judge (Sessions Judge, Solan) whereby the respondent/accused (hereafter referred to as 'accused') has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the 'NDPS Act').

(2.) Be it stated at the very outset that vide order dated 22.12.1999 leave to appeal was granted by this Court and this appeal was admitted and bailable warrants in the sum of Rs. 10,000/- with one surety in the like amount were ordered to be issued to secure the presence of the accused. At the time of passing of this order, the Court had the occasion only to go through the impugned judgment as the records of the trial Court were not available.

(3.) The bailable warrants issued against the accused were received back with the report that the accused is a Swedish national, therefore, he could not be served. It was submitted for the State that in the absence of any scheduled legal assistance treaty with Sweden, the accused could not be served through Interpole. The State was, therefore, given time to take further steps in the matter within six weeks. However, the State failed to take any step in the matter and it came to be listed before this Court on 18.12.2000 when the learned Assistant Advocate General submitted that the steps could not be taken for want of treaty, non-availability of the information regarding any paper in which proclamation may be got published against the accused etc. It was also submitted that the accused had entered India on the basis of a passport which has since expired and he is not residing within the country nor does he own any property in India. Therefore, what finally emerged was that the accused may have to be declared proclaimed offender and thereafter the case may have to be consigned sine die as there was no possibility of securing the presence of the accused.