Bagicha Singh vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Appellant Bagicha Singh was nominated as an accused in case FIR No. 110 dated 02.06.2000 registered at Police Station Dharamkot, District Moga u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ''the Act''). He was tried by the Court of Special Judge, Moga, which vide its judgment dated 19th August, 2006, held him guilty of the offence punishable u/s 15 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

The Appellant was found in possession of 70 kilograms of poppy straw. Sentence awarded to the Appellant was not suspended.

Mr. J.S. Bhullar, Assistant Advocate General, Punjab has placed on record an affidavit of Lakhminder Singh Jakhar, PPS-I, Superintendent of Central Jail, Ferozepur dated 12th February, 2011, wherein it is stated that the Appellant was released on bail on 12th June, 2009 for availing 4 weeks'' parole and he was due to surrender in the jail on 11th July, 2009, however, the Appellant has not surrendered in the jail till date.

This Court is of the view that appeal of the Appellant, who has become outlaw, ought not to be decided till he surrenders in the Court. Accordingly, Senior Superintendent of Police, Moga is directed to make strenuous efforts to apprehend the Appellant.

The present appeal is disposed of with a direction that it will be revived only as and when the Appellant surrenders himself and makes an application to this effect. Till the appeal is revived on the application so filed, the conviction and sentence of the Appellant shall remain in operation and the State shall make vigorous efforts for apprehension of the Appellant. It is further directed that Senior Superintendent of Police, Moga shall submit periodical report to the Registrar General of this Court and shall acquaint him as to what efforts have been made to apprehend the Appellant.

A copy of this order, duly attested by the Special Secretary of this Court, be supplied to counsel for the State for onward transmission and compliance.