Chuni Lal v. Narcotics Control Bureau

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2420/2019 and CRL.M.A. 34672/2019 CHUNI LAL ..... Petitioner Through:

Counsel (appearance not given).

versus NARCOTICS CONTROL BUREAU ..... Respondent Through:

Mr Shashwat Bansal, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.02.2020 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 22.08.2019 passed by the learned ASJ, Patiala House Courts, dismissing the petitioner's application for anticipatory bail and declaring him a proclaimed offender under Section 82 of the Cr.P.C. in the case captioned 'NCB v. Raghav Sehajpaul and Ors.: SC No. 07/2015'. 2.

Insofar as the rejection of the petitioner's application for anticipatory bail is concerned, the petitioner had, admittedly, not joined the investigation and this Court finds no manifest error in the said order which warrants any interference in proceedings under Article 226 of the Constitution of India. 3.

Insofar as the petitioner being declared a proclaimed offender is concerned, the said proceedings commenced on 02.07.2019 after NBWs against the petitioner had been issued. However, the learned counsel appearing for the petitioner states that the petitioner was not seeking to avoid processes but was, merely, awaiting the outcome of his application for anticipatory bail and he has no difficulty in joining the investigation.

4.

The petitioner has an equally efficacious remedy against the order declaring him a proclaimed offender and therefore, no interference by this Court is necessary in that regard.

5.

The learned counsel for the petitioner states that the petitioner shall surrender before the concerned court and file an appropriate application seeking bail.

6.

However, considering the above, this Court directs that no coercive steps be taken against the petitioner for a period of seven days from today. This is subject to the petitioner joining the investigation. 7.

The present order directing that no coercive steps be taken against the petitioner shall be subject to any further orders that may be passed by the Trial Court. The Trial Court shall pass appropriate orders, uninfluenced by the order passed by this Court.

8.

The petition is disposed of in the aforesaid terms. The pending application is also disposed of.

9.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 20, 2020 RK