✦ Punjab & Haryana High Court · 10 Feb 2011

Ramji Dass v. State of Punjab

DAYA CHAUDHARY3 min read

Case at a glance

Outcome

Disposed of

to join Court proceedings, the present petition is disposed of with a

Provisions considered

Judgment

Present:- Mr. B.S. Bali, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. **** DAYA CHAUDHARY, J.(Oral) This petition has been filed under Section 482 Cr.P.C on behalf of the petitioner – Ramji Dass for setting aside the order dated 25.10.2005 passed by learned Chief Judicial Magistrate, Nawanshahr vide which he has been declared Proclaimed Offender in case FIR No.95 dated 7.8.1999 registered under Section 15 of the IMC Act, 1956 and Section 26 of Drugs Act, 1940 at Police Station Nawanshahr (Sadar). Learned counsel for the petitioner submits that the petitioner was away to England since 11.9.2004 and no service was effected upon him, and even, he was not aware with regard to PO proceedings initiated against him. Learned counsel for the petitioner also submits that in view of the provisions of Section 82(4) of Cr.P.C., the petitioner could not have been declared as Proclaimed Offender as he was never served in England and even no efforts whatsoever were ever made to serve him in any manner. Crl. Misc. No. M-24417 of 2010 -2- Learned counsel for the petitioner further submits that co-accused on similar allegations have been acquitted by the trial Court vide judgment dated

Operative part

18.11.2008 and the allegations against the petitioner were also same. Learned counsel for the petitioner further submits that the petitioner is ready to surrender before the trial Court and join the Court proceedings. Learned State Counsel submits that the petitioner was aware with regard to registration of the FIR but subsequently he left India and went to England. Heard the arguments of learned counsel for the parties and have perused the record. A perusal of impugned order dated 25.10.2005 vide which the petitioner has been declared Proclaimed Offender shows that process server was intimated with regard to residing of the petitioner in abroad and PO order was passed in his absence. It is nowhere mentioned in the impugned order whether the petitioner was aware with regard to proceedings initiated against him or any efforts were made by the Court to effect any service upon him. Admittedly, the petitioner was away to England and nothing has been mentioned in the impugned order that the petitioner has wilfully disobeyed the orders of the Court, therefore, remained absent. Since co-accused of the petitioner have been acquitted by the trial Court and the petitioner is also ready to surrender before the Court and to join Court proceedings, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of two weeks from the date of receipt of copy of the order. In case, he surrender before the trial Court, he shall be released on interim bail on furnishing bail bonds and surety bonds to the satisfaction of the trial Court Crl. Misc. No. M-24417 of 2010 -3- subject to payment of costs of Rs.25,000/-, which is to be deposited by the petitioner with Punjab Legal Services Authority. The trial Court is also directed to conclude the trial within a period of three months thereafter. February 10, 2011 ( DAYA CHAUDHARY ) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: to join Court proceedings, the present petition is disposed of with a

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 82(4), 482; IMC Act, 1956 — s. 15; Drugs Act, 1940 — s. 26.

Which court decided this case, and when?

Punjab & Haryana High Court, on 10 Feb 2011. The bench was DAYA CHAUDHARY.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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