SANGAT RAM Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the order dated 31.3.2016, rendered by the learned Special Judge, Kullu, H.P., in Cr.M.P. No. 174 of 2013.

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellant stood surety of accused Puran Jei in a case under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act). Surety bonds in the sum of Rs. 5,00,000/- were executed by the appellant for securing the presence of the accused in the Court. The accused did not appear before the learned trial Court and as per order dated 16.7.2013, bonds were cancelled and forfeited and proceedings under Section 446 Cr.P.C. were initiated. The show cause notice was issued to the appellant. He filed the reply to the notice. He admitted that he stood surety for the accused Puran Jei. Puran Jei was a Nepali national. According to him, the accused was not heard since 8.5.2013 and he suspected that the accused might have fallen from a cliff or drowned somewhere. The proceedings were closed vide order dated 31.3.2016 and penalty of Rs. 4,00,000/- was imposed upon the petitioner. He was directed to deposit the amount within a period of one month, failing which, the amount was to be recovered as penalty by issuing appropriate warrant to the quarter concerned to realize the amount in question. The necessary compliance was ordered to be made after one month by initiating separate proceedings for recovery of amount i.e. Rs. 4,00,000/- returnable for 23.5.2016. Hence, this appeal.

(3.) Mr. Ajay Sharma, Advocate, appearing on behalf of the appellant has vehemently argued that whereabouts of accused Puran Jei were not known. His client has made all the efforts to trace him.