Surjit Singh v. State Of Punjab

CRM-M-30978-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30978-2026 Date of decision : 27.05.2026 Surjit Singh .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr.Gurmehar Singh Minhas, Advocate for the petitioner. RAJESH BHARDWAJ , J. (Oral) 1.

Prayer in the present petition is for quashing of order dated 10.04.2024, whereby the petitioner was declared a proclaimed person in the trial arising out of FIR No.235 dated 27.12.2019, registered under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Bhogpur, District Jalandhar.

2.

It has been contended by learned counsel for the petitioner that the petitioner was released on bail in the year 2020. He submits that thereafter, due to covid pandemic, the trial came at a stand still and he was under wrong impression that the trial is stayed. He submits that thereafter, the petitioner went abroad for earning his livelihood and since he was not in India, he could not appear before the trial Court as a result of which, the petitioner was declared a proclaimed person vide order dated 10.04.2024. He submits that the petitioner was in abroad, when he was declared proclaimed person and he was unaware about the pendency of the present case. He has further submitted that the non-appearance of the petitioner was not intentional. He submits that the petitioner is ready to join the proceedings and abide by the terms and conditions of bail, imposed by the Court.

3.

Notice of motion.

POOJA SHARMA 2026.05.29 19:58 I attest to the accuracy and integrity of this document

CRM-M-30978-2026 4.

On asking of the Court, Mr. K.D. Sachdeva, D.A.G., Punjab accepts notice on behalf of the respondent-State. He has opposed the submissions made by learned counsel for the petitioner and stated that the trial Court has rightly declared the petitioner as proclaimed person, who remained absent despite orders.

5.

After hearing counsel for the parties and perusing the record, it is apparent that the petitioner remained absent despite orders as he was unaware about the ongoing proceedings because of the reason that he was residing abroad. But now the petitioner is keen and ready to join the proceedings and face the trial. So keeping in view the abovesaid facts, the present petition is disposed of and the order dated 10.04.2024 is set aside subject to payment of Rs.15,000/- as costs to be deposited in the 'Spinal Rehab Centre, Chandigarh, Plot No.1, Madhya Marg, Sector-28/A, Chandigarh' by the petitioner in one week from the date of receipt of copy of this order.

In case, petitioner appears before the Court concerned within a period of 10 days from the date of receipt of copy of this order and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of 10 days from the date of receipt of copy of this order. 6.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 10.04.2024, would automatically come in force.

27.05.2026 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No POOJA SHARMA 2026.05.29 19:58 I attest to the accuracy and integrity of this document