Daya Chaudhary, J. - (1.) THIS petition has been filed under Section 482 Cr.P.C on behalf of the Petitioner - Ramji Dass for setting aside the order dated 25.10.2005 passed by learned Chief Judicial Magistrate, Nawanshahr vide which he has been declared Proclaimed Offender in case FIR No. 95 dated 7.8.1999 registered under Section 15 of the IMC Act, 1956 and Section 26 of Drugs Act, 1940 at Police Station Nawanshahr (Sadar).
(2.) LEARNED Counsel for the Petitioner submits that the Petitioner was away to England since 11.9.2004 and no service was effected upon him, and even, he was not aware with regard to PO proceedings initiated against him. Learned Counsel for the Petitioner also submits that in view of the provisions of Section 82(4) of Cr.P.C., the Petitioner could not have been declared as Proclaimed Offender as he was never served in England and even no efforts whatsoever were ever made to serve him in any manner. Learned Counsel for the Petitioner further submits that co -accused on similar allegations have been acquitted by the trial Court vide judgment dated 18.11.2008 and the allegations against the Petitioner were also same. Learned Counsel for the Petitioner further submits that the Petitioner is ready to surrender before the trial Court and join the Court proceedings.
(3.) LEARNED State Counsel submits that the Petitioner was aware with regard to registration of the FIR but subsequently he left India and went to England.;