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2006 Supreme(SC) 811
SUPREME COURT OF INDIA
K.G. Balakrishnan and D.K. Jain, JJ.
DHARAM PAL – Petitioners
Versus
STATE OF UTTAR PRADESH – Respondents
With
JUMMA ALIAS JAMUNA PRASAD – Petitioners
Versus
STATE OF UTTAR PRADESH – Respondents
With
ALLU ALIAS ALLINUDDIN – Petitioners
Versus
STATE OF U. P. – Respondents
SLP (Crl.) No. 553 of 2006 with Nos. 5276 of 2005 and 554 of 2006
Decided on : May 9, 2006
The court can order dasti delivery of fresh bailable warrants to police authorities to ensure the presence of a party when standard courier service fails.
Headnote:(A) Criminal Procedure - Execution of Bailable Warrants - Failure of service - When service of notice via courier is unsuccessful due to incorrect address or shifted police stations - Court may direct the issuance of fresh bailable warrants with an increased sum - Delivery of warrants may be ordered dasti through counsel to the police headquarters to ensure the individual is traced and produced.
Facts of the case:
Bailable warrants were issued to a party, but the courier reports indicated that the person was not found and the police stations were shifted or the address was incomplete.
Findings of Court:
Since the use of couriers for service of notices had been discontinued, a more direct method via dasti delivery to the police administration was necessary to ensure the individual's appearance.
Issues: Ensuring the production of a party when standard service of bailable warrants is unsuccessful.
Ratio Decidendi: The court can order the dasti delivery of fresh bailable warrants to police headquarters to ensure the prompt tracing and production of a party when courier services are inadequate.
Result: Fresh bailable warrants ordered to be issued and served dasti.
Legal Category Hierarchy
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practice and procedure
-
service of process
- bailable warrants
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warrants
- execution of warrants
-
service of process
As per the office report, bailable warrants in the sum of Rs. 5000 issued to Ms Priya Porwal could not be served as she was not found residing at the address mentioned in the said order. It is also reported that un-served covers containing the bailable warrants sent to:
(a) The Commissioner of Police, ITO, New Delhi;
(b) SHO, PS Tughlaqabad, Delhi; and
(c) SHO, Police Station Madangir, New Delhi, have been received back with the remarks by the courier agency “Short Address”, “No such Police Station” and “Police Station Shifted”.
Without commenting on the unsatisfactory service report submitted by the courier service as the practice of service of notice through a courier has since been discontinued, we direct that fresh bailable warrants in the sum of Rs. 10,000 shall be issued against the a-forenamed lady, returnable on 6-11-2012. The warrants shall be given dasti to the learned counsel appearing for the petitioner for being delivered in the Office of the Commissioner of Police, Delhi, Police Headquarters, IP Extension, New Delhi. The Commissioner of Police shall ensure that the warrants are executed with promptitude and the lady concerned is traced out and produced before this Court on the next date. A report in this regard shall also be submitted before the next date.
To ensure compliance, the office shall also transmit a copy of this order to the Commissioner of Police.
As prayed for by Mr. A.S. Chandhiok, learned Additional Solicitor General, who has appeared for the Government of NCT, a copy of this order shall also be supplied to the learned counsel for NCT of Delhi. Call on 6-11-2012.
