Ramji Dass vs State of Punjab

Daya Chaudhary, J.—This petition has been filed u/s 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 u/s 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.

Learned Counsel for the Petitioner further submits that co-accused on similar allegations have been acquitted by the trial Court vide judgment dated 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 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 there after.