PRAKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In Sessions trial No. 20 of 2008 under Section 20 of the narcotic Drugs and Psychotropic Substances Act, 1985, Smt. Shashi @ Saroj was one of the accused for whom Shri Parkash Chand appellant herein, stood surety and executed the bond dated 30.10.2007 which was accepted and attested by the then Special Judge, Mandi. Various notices/ warrants issued from time to time, bounced-back as the accused was not traceable, as such vide order dated 28.6.2011, proceedings against accused Shashi @ Saroj as well as her surety were initiated. Consequently, the learned Special Judge issued show-cause notices to both of them affording opportunity to put their case as to why the bonds furnished by them be not cancelled and forfeited to the State. The proceedings against the appellant-surety were registered as Cr. M. A. No. 101/2011 and adjourned for 29.7.2011. The surety Shri Prakash Chand put in appearance, sought and allowed adjournment. Finally he filed his reply to the show-cause notice aforesaid stating therein that accused fell ill and she could not attend the court. The case was adjourned for 7.9.2011 for consideration.

(2.) It appears that reply skipped notice of the learned Special Judge and adjourned the case repeatedly for reply of the surety/appellant. Ultimately on 22.10.2011, statement of surety/ appellant was recorded vide which he stated that except the above reply, he had nothing to say. The learned Special Judge thereafter proceeded to forfeiting the bond imposing penalty by the order reproduced hereunder:-

(3.) The case was thereafter adjourned for 23.11.2011 for the payment of the penalty amount without any show-cause as to why the penalty amount be not recovered. Since the amount was not paid, the learned Special Judge sent a letter to the Collector, Mandi for recovery. Hence the challenge in the present appeal.