SHAM SUNDER, J. - (1.) THIS appeal is directed against the order dated 15.04.2008, rendered by the Special Judge, Ambala, vide which, he imposed penalty of Rs. 50,000/- on Rakesh Kumar,applicant (hereinafter referred to as 'appellant'), who stood surety for Rakesh Kumar son of Anand Bansal, accused, and failed to produce him in the Court.
(2.) RAKESH Kumar son of Mela Ram, stood surety, for Rakesh Kumar son of Anand Bansal, accused in case FIR No. 153 dated 20.06.2003, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, Police Station GRPS, Ambala Cantt, in the sum of Rs. 50,000/-, undertaking to produce him, on each and every date of hearing, failing which to pay the amount of forfeited surety bond to the State of Haryana. Rakesh Kumar son of Anand Bansal, accused absented from the Court on 16.10.2007. His bail order was cancelled, his bail bonds were forfeited and he was ordered to be summoned through non-bailable warrants. Till date, he has neither been arrested, nor the appellant has produced him in the Court. Accordingly, notice under Section 446 of the Cr. P.C. was ordered to be issued to the surety, to show cause, as to why the amount of aforesaid surety bond, be not recovered from him. He sought time to produce the accused, but on 15.04.2008, he did not turn up, without any intimation. Accordingly, penalty of Rs. 50,000/- was imposed upon him.
(3.) FEELING aggrieved, the instant appeal, was filed by Rakesh Kumar, appellant.;