Petitioner sought quashing of proclamation order under Sections 15 of IMCA and 26 of Drug Act. Court granted notice, set appearance date, and fixed interim bail conditions subject to fine deposit.
Order for notice and direction to appear in trial court with conditions for interim bail.
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S.No.122
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-16779 of 2021 (O&M) Date of Decision:06.09.2021 Dharminder Singh .....Petitioner Vs. State of Punjab .....Respondent
CORAM:- HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present:Mr. D.P.S. Randhawa, Advocate for the petitioner.
Harinder Singh Sidhu, J.
Prayer is for quashing of the order dated 06.04.2004 vide which the petitioner has been declared as proclaimed offender in FIR No.129 dated 27.07.1999 for offence under Section 15 of Indian Medical Council Act, 1956 and Section 26 of Drugs and Cosmetics Act, 1940 registered at Police Station Tanda Urmur, Tanda, Hoshiarpur, District Hoshiarpur.
Learned counsel for the petitioner submits that FIR was registered against the petitioner along with 195 other accused on the allegation that they were unregistered medical practitioners having no valid license. Learned counsel further submits that the petitioner was not aware of the registration of the FIR against him. He left the country in 2003 and gone abroad. The impugned order was passed behind his back. It is only recently that the petitioner has came to know that he had been declared Proclaimed Offender. It is contended by the counsel that the petitioner had no intention to flee from justice and evade the process of the Court. The petitioner will appear before the trial Court on any date as may be directed to face the proceedings.
RENU 2021.09.09 03:41 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-16779 of 2021 (O&M)
-2-
Notice of motion.
Mr. Karanbir Singh, AAG, Punjab, accepts notice on behalf of
the State.
The petitioner may appear before trial Court on or before 25.01.2022. On his doing so, petitioner shall be enlarged on interim bail by the Court to its satisfaction. This shall, however, be subject to deposit of Rs.21,000/- by the petitioner with Lawyers Welfare Fund of the Punjab and Haryana High Court Bar Association, Chandigarh. He shall also furnish an undertaking that he would appear before the Court as and when directed.
Disposed of.
| September | 06, 2021 |
( HARIND | ER SINGH SIDHU ) |
|---|---|---|---|
| renu | JUDGE | ||
| Whether Speaking/reasoned | Yes/No | ||
| Whether Reportable | Yes/No |
RENU 2021.09.09 03:41 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the order declaring the petitioner as a proclaimed offender should be quashed on grounds of lack of notices and having no intention to flee from justice.
2 provisions across 2 enactments
Dharminder Singh
State of Punjab
Harinder Singh Sidhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
