(2020) Law Today Live Doc. Id. 15015
Decided on: 02.06.2020
Present:
Mr. Varinder Basa, Advocate, for the petitioner.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 446 -- Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 22 -- Non-appearance of accused -- Forfeiture of bail bond -- Summoned through non-bailable warrants – Anticipatory bail – Maintainability of -- Held, it is always open to approach the Special Court at the first instance to show the grounds as such for non-appearance and pray for necessary relief – Having not approached, anticipatory bail petition as such for the said relief is not maintainable.
(Para 1-5)
JUDGMENT
G.S. SANDHAWALIA, J. (ORAL) –
1. The petitioner has filed the present anticipatory bail petition in FIR No. 33 dated 09.02.2018 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered with P.S. Civil Lines, Batala, District Gurdaspur on the ground that his bail bonds were cancelled on account of his non-appearance on 07.01.2020 and bail bonds were forfeited vide order dated 16.01.2020 and accordingly, he was summoned through non-bailable warrants for 01.04.2020.
2. Counsel for the petitioner has submitted that the date was wrongly noted as such as exemption had been applied for from personal appearance on 19.12.2019, which had been allowed and, thus, appearance could not be put in on 07.01.2020.
3. Notice of motion.
4. Mr. Suveer Sheokand, Addl. A.G., Punjab, accepts notice.
5. If that is so, it is always open to the petitioner to approach the Special Court at the first instance to show the grounds as such for non-appearance and pray for necessary relief. Having not approached the Special Court at the first instance, this Court is of the opinion that the present anticipatory bail petition as such for the said relief is not maintainable.
6. Accordingly, the present petition is dismissed with the aforesaid liberty.
Petition dismissed.
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