Gurcharan Singh v. State Of Punjab

Crl. Appeal No. S-1724-SB of 2003 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Appeal No. S-1724-SB of 2003 (O&M) Date of Decision: 14.01.2015 Gurcharan Singh ......Appellant

Versus

State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. R.S.Aulakh, Advocate for the appellant.

Mr. Rajiv Doon, AAG, Haryana.

**** SABINA, J.

By way of this appeal, appellant has challenged the order dated 14.7.2003 whereby penalty to the tune of ` 50,000/- was imposed on him.

I have heard the learned counsel for the appellant and have gone through the record available on the file carefully. Accused Jasbir Singh was facing trial in FIR No. 45 dated 24.3.2001, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Abohar. As per the prosecution case, Jasbir Singh and his co-accused were found in possession of 57 kilograms of opium. Vide order dated 31.1.2002, accused Jasbir Singh was granted interim bail. Appellant furnished surety bond in the sum of ` 50,000/- on 1.2.2002 and had, thus, made himself liable that accused Jasbir Singh shall surrender before the Court on 1.3.2002. However, accused Jasbir Singh did not surrender before the Trial GURPREET SINGH 2015.01.21 16:03 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Appeal No. S-1724-SB of 2003 (O&M) -2Court and was later declared a proclaimed offender. Appellant had appeared before the Trial Court in pursuance to the show cause notice issued to him but, thereafter, had failed to produce the accused and himself also absented before the Trial Court. In these circumstances, the amount of surety bond furnished by the appellant, was liable to be forfeited to the State. Hence, the impugned order does not call for any interference.

Dismissed.

(SABINA) JUDGE January 14, 2015 Gurpreet GURPREET SINGH 2015.01.21 16:03 I attest to the accuracy and authenticity of this document Chandigarh