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2012 Supreme(SC) 739

Supreme Court Of India
D.K. Jain and J.S. Khehar, JJ.
PRASHANT BHARTI – Petitioner
Versus
STATE (NCT OF DELHI) – Respondent
SLP(Crl.) No. 1800 of 2009
Decided on : October 16, 2012

Prompt execution and tracing of the defendant are crucial in the issuance and execution of bailable warrants.

Headnote:

Bailable Warrants - Service of Notice - Fresh warrants issued against non-resident defendant

Fact of the Case:

Bailable warrants issued to the defendant could not be served as she was not found residing at the address mentioned in the order. Un-served covers containing the warrants were returned with remarks indicating the addresses were incorrect or the police stations had shifted.

Finding of the Court:

The court directed the issuance of fresh bailable warrants at a higher sum, to be delivered to the Office of the Commissioner of Police, Delhi, with a directive for prompt execution and tracing of the defendant. The court also discontinued the practice of service of notice through a courier and ensured compliance by transmitting the order to the Commissioner of Police.

Issues: Unsatisfactory service report, issuance of fresh warrants, prompt execution, and tracing of the defendant.

Ratio Decidendi: The court emphasized the importance of prompt execution and tracing of the defendant, discontinued the practice of service of notice through a courier, and ensured compliance by transmitting the order to the Commissioner of Police.

Final Decision: Fresh bailable warrants in a higher sum were issued against the defendant, with a directive for prompt execution and tracing, and the court ensured compliance by transmitting the order to the Commissioner of Police.

Order

1. As per the office report, bailable warrants in the sum of Rs 5000 issued to Ms Priya Porwal vide order dated 12-5-2010, 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:

(i) the Commissioner of Police, ITO, New Delhi;

(ii) SHO, PS Tughlaqabad, Delhi; and

(iii) 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.

2. 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.

3. 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.

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