ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has filed this appeal against the order dated 23.5.2012 whereby penalty to the tune of Rs. 50,000 was imposed on the appellant under Section 446 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short).

(2.) After hearing the learned counsel for the appellant, I am of the opinion that the instant appeal deserves dismissal.

(3.) In the present case, accused Suraj Kumar was facing trial in FIR No. 28 dated 23.4.2010 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station GRP Bathinda. Appellant had furnished surety bonds in the sum of Rs. 50,000 in terms of the order passed by the Judge, Special Court dated 16.6.2010 whereby accused Suraj Kumar was ordered to be released on bail. However, accused Suraj Kumar absented during trial and, consequently, notice was issued to the appellant under Section 446 Cr.P.C. Appellant sought time to enable him to produce the accused but had failed to do so. Consequently, the impugned order was passed on 23.5.2012 and the same reads as under:-