The Punjab & Haryana High Court set aside the order of the Additional Sessions Judge, Sangrur, which had declared the petitioner a proclaimed offender in an NDPS case.
The petitioner challenged the proclamation on the ground that the mandatory procedure under Section 82 CrPC had not been followed. It was argued that non-bailable warrants were never duly served, no satisfaction was recorded that she had absconded, and the proclamation was issued without granting the mandatory 30-day period for appearance.
The State opposed, submitting that the petitioner had absented herself after being granted bail, and despite the issuance of warrants and proclamation, she failed to appear.
After hearing both sides, the Court held that the proclamation was illegal as it had been issued without execution of warrants, without confirming abscondence, and without adherence to the statutory 30-day notice period. The Court relied on Pardeep Kumar v. State of Haryana[1], which mandated strict compliance with CrPC safeguards before declaring any person a proclaimed offender.
Accordingly, the Court quashed the proclamation order dated 28 April 2025, terming it irregular and unsustainable in law.
Citation-
Pardeep Kumar v. State of Haryana- 2023:PHHC:117817
Appearances-
Mr. S.S. Gill, Advocate for the Petitioner.
Mr. Gorav Kathuria, DAG Punjab for the Respondent
[1] Pardeep Kumar v. State of Haryana#, 2023:PHHC:117817