CRM-M/66409/2025 of SONU Vs STATE OF PUNJAB on 30 July 2026

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the order dated 25.05.2023 (Annexure P-2), whereby the petitioner has been declared a Proclaimed Offender in case titled State of Punjab v. Sonu, arising out of FIR No. 227 dated 17.09.2019, registered under Sections 21 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City Ferozepur, District Ferozepur (Annexure P-1), along with all consequential proceedings arising therefrom, in the interest of justice.

2. The prosecution case originates from the aforesaid FIR, wherein the petitioner was arrested on the allegations of being in conscious possession of 5 grams of heroin. He was subsequently enlarged on regular bail by the learned Trial Court vide order dated 10.10.2019. Upon completion of the investigation, the final report under Section 173 Cr.P.C. was presented before the learned Trial Court on 19.01.2021, on which date the petitioner appeared through counsel and charge under Section 21 of the NDPS Act was framed against him. Thereafter, owing to his non-appearance, proclamation KUMUD VERMA

Chandigarh proceedings were initiated and the petitioner was declared a proclaimed offender vide the impugned order dated 25.05.2023. 2.1 It is the case of the petitioner that his non-appearance before the learned Trial Court was neither intentional nor deliberate, but occurred due to circumstances beyond his control. The petitioner submits that he had no knowledge of the pendency of the proceedings on the relevant dates as he was not duly served with the process issued by the learned Trial Court in the manner contemplated under law. The petitioner never intended to evade the judicial process or to abscond from justice and remained unaware of the proclamation proceedings initiated against him. It is further pleaded that immediately upon acquiring knowledge of the impugned order, the petitioner approached the competent Court and submitted himself to its jurisdiction, thereby demonstrating his bona fide intention to face the trial and cooperate with the judicial process. 2.2 It is further pleaded that the proceedings culminating in the impugned order dated 25.05.2023 were conducted in a mechanical manner without strict adherence to the mandatory provisions governing the issuance and execution of summons, warrants of arrest and proclamation. It is submitted that before declaring the petitioner a proclaimed offender, the learned Trial Court failed to satisfy itself that the statutory requirements prescribed under law had been duly complied with. No proper satisfaction was recorded to the effect that the petitioner had absconded or was deliberately concealing himself for the purpose of evading execution of warrants or avoiding the process of the Court. The impugned order, therefore, suffers from material procedural irregularities and is liable to be set aside. KUMUD VERMA

Chandigarh

2.3 It is further the case of the petitioner that the declaration of a person as a proclaimed offender entails serious civil and criminal consequences affecting his personal liberty and legal rights. Such a drastic order can be passed only after strict compliance with the mandatory procedure prescribed under law. In the present case, the petitioner submits that the safeguards envisaged by the statute were not adhered to and he was deprived of a fair and effective opportunity to appear before the learned Trial Court and explain the circumstances leading to his absence. The impugned order, therefore, stands vitiated on account of non-compliance with the mandatory statutory provisions as well as the settled principles governing proclamation proceedings.

3. None appeared on behalf of either of the parties on account of suspension of work. However, the Investigating Officer, ASI Gurkamal Kaur is present in Court and has placed on record the status report dated 27.07.2026.

4. As per the status report, the petitioner was arrested in FIR No. 227 dated 17.09.2019 registered under Sections 21, 61 and 85 of the NDPS Act and was granted regular bail by the learned Trial Court on 10.10.2019. After presentation of the final report and framing of charge on 19.01.2021, the petitioner failed to appear before the learned Trial Court, whereupon proclamation proceedings were initiated and he was declared a proclaimed offender vide order dated 25.05.2023. It is further stated that the petitioner was subsequently arrested in FIR No. 38 dated 06.12.2023 registered under Sections 21(c), 25 and 29 of the NDPS Act at Police Station SSOC, Fazilka, and while in judicial custody therein, he was arrested in the present case KUMUD VERMA

Chandigarh through production warrants. The petitioner has since been produced before the learned Trial Court and is presently in judicial custody in the present case.

5. Be that as it may, the sole object behind initiating proclamation proceedings is to secure the presence of an accused before the Court so that the trial may proceed in accordance with law. In the present case, it is not disputed that the petitioner has already been arrested in the present FIR through production warrants while he was in judicial custody in another case bearing FIR No. 38 dated 06.12.2023 registered at Police Station SSOC, Fazilka, under Sections 21(c), 25 and 29 of the NDPS Act. The petitioner has since been produced before the learned Trial Court and is presently in judicial custody in the present case. Thus, the very purpose for which the impugned order declaring the petitioner a proclaimed offender was passed stands achieved. Continuation of the proclamation order, despite the petitioner's presence having been secured, would serve no useful purpose and would merely result in unnecessary prejudice to the petitioner.

6. Accordingly, in the peculiar facts and circumstances of the case, the impugned order dated 25.05.2023 declaring the petitioner a proclaimed offender deserves to be set aside and the petition is disposed of. (VIRINDER AGGARWAL) JUDGE 30.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA

Chandigarh