Punjab-Haryana High Court
Saab Singh vs State Of Punjab on 18 September, 2024
JYOTI THAKUR
2024.09.20 17:33
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
122 CRM-M-8697-2024 (O&M)
Date of Decision: 18.09.2024
SaabSingh aac Petitioner
Versus
StateofPunjabo eee Respondent
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present:- § Mr. Sidhant Vermani, Advocate,
for the petitioner.
ok ok 2 ok ok
GURBIR SINGH, J.(Oral)
CRM-22089-2024
Prayer in this application filed under Section 482 Cr.P.C. is to
place on record copy of charge-sheet qua the petitioner as Annexure P-9.
For the reasons mentioned in the application, same is allowed
and the document Annexure P-9 is taken on record subject to all just
exceptions.
CRM-M-8697-2024
1. The prayer in the present petition filed under Section 482
Cr.P.C. is for quashing the order dated 15.07.2023 (Annexure P-1) vide
which the petitioner has been declared as proclaimed person in case FIR
No.389, dated 14.11.2020, under Section 61 of the Excise Act, registered
at Police Station Jandiala, District Amritsar.
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JYOTI THAKUR
2024.09.20 17:33
CRM-M-8697-2024
2. AS per prosecution case, on secret information, the petitioner
was apprehended with 7320 ML of illicit liquor. He was arrested from the
spot and thereafter, released on bail by the police being bailable offence.
Thereafter, notice could not be served upon him and vide order dated
16.05.2022, his bail bonds and bail order were cancelled; non-bailable
warrants were also issued against him and ultimately, vide impugned order,
he was declared proclaimed person.
3. Learned counsel for the petitioner submits that service of
notice could not be effected upon the petitioner for the reason that the
address mentioned in the FIR and challan was totally different than what
was mentioned in his aadhar card annexed with this petition. In the FIR and
challan, the address of petitioner was mentioned as Street No.4, Sidhu
Avenue, near Manohar Vatika School, Jandiala whereas he is resident of
House No.5890, Jyotisar Colony, Jandiala Guru Amritsar.
3.1 Learned counsel for the petitioner further submits that the
petitioner undertakes to appear before the trial Court on each and every
date of hearing. Further, the necessary mandate under Sections 82/83 of
Cr.P.C. has not been followed. Reliance is placed on judgment of this
Court in case Harvinder Singh Versus State of Haryana and another,
2021(1) R.C.R. (Criminal) 493.
4. Notice of motion.
5. At the asking of the Court, Ms. Manjot Kaur, AAG, Punjab,
appears and accepts notice on behalf of the respondent-State. She submits
that the petitioner has been rightly declared as proclaimed person.
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CRM-M-8697-2024
6. I have heard the submissions of learned counsel for the
petitioner, learned State counsel and have gone through the file.
7. Considering the submissions made by learned counsel for the
petitioner that the proclamation proceedings have been issued on wrong
address, this Court finds that the impugned order deserves to be set aside.
8. In view of the above, the order dated 15.07.2023 (Annexure
P-1) declaring the petitioner as proclaimed offender is hereby set aside,
however that would be subject to the condition that the petitioner shall
surrender before the trial Court within a period of 15 days from today. In
case, the petitioner moves an application for bail, along with attested copy
of his aadhar card as annexed with this petition, within the stipulated period
of 15 days, the trial Court shall consider his application on the same day
and admit him to bail on his furnishing bail bonds and surety bonds to its
satisfaction. In case of default, this order shall automatically stand vacated
and the trial Court would be at liberty to proceed against the petitioner in
accordance with law.
9. Present petition is allowed accordingly.
(GURBIR SINGH)
18.09.2024 JUDGE
Jyoti Thakur
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
JYOTI THAKUR
2024.09.20 17:33
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