Once the purpose of section 82 CrPC is achieved, the attachment of property should be withdrawn and the property restored.

Vijay Bishnoi, J. - This criminal appeal under section 86 Cr.P.C. has been preferred by the appellant being aggrieved with the order dated 07.10.2015 passed by Special Judge, NDPS Cases, Sri Ganganagar (for short 'the trial court' hereinafter) in Cr. Case No. 59/2013, whereby the trial court has rejected the application filed by the appellant under sections 82 and 83 Cr.P.C. with a prayer for releasing the agricultural land attached by the order of the trial court dated 10.07.2001 in Sessions Case No.18/2001.

2. Brief facts of the case are that FIR No.165/2000 was registered at Police Station, Ghoomarwali, District Sri Ganganagar against Mahavir Prasad, Prithvi Raj, Raju and Ranjit for the offence punishable under sections 8/15 and 29 of the NDPS Act. The police after investigation filed charge-sheet against the above named persons on 10.12.2000 for the aforesaid offence and they were put to trial, however, the investigation against the appellant was kept pending under section 173(8) CrPC. The trial against Mahavir Prasad, Prithvi Raj, Raju and Ranjit was commenced and concluded on 29.11.2002.

3. The trial court after pondering over the prosecution evidence has convicted the above named accused-persons for the offence punishable under section 8/15 NDPS Act, however, the said accused-persons were acquitted from the offence punishable under section 29 of the NDPS Act.

4. It appears that in the meantime, the charge-sheet was filed against the appellant under section 299 CrPC, however, when the summons were not served upon him, proceedings under sections 82 and 83 were initiated against the appellant. The trial court declared him absconder on 09.02.2001 and vide order dated 10.07.2001 ordered for attachment of his agricultural land situated in Khasra Nos.163, 164, 165 and 120 of village Mali Gaon, District Jhunjhunu. The trial court thereafter ordered for selling of the attached property on various dates and ultimately on 11.07.2005, it decided the proceedings under sections 82 and 82 CrPC against the appellant while observing that the attached land has already been recorded as Government land.

5. It is not in dispute that despite recording the attached land of the appellant as Government land, the same has not been auctioned till date.

6. Ultimately, the appellant was arrested on 02.11.2010 and put to trial in Sessions Case No.18/2001 for the offence punishable under section 29 of the NDPS Act. The trial court vide judgment dated 30.03.2011 has acquitted the appellant from the aforesaid charge while holding that the prosecution has failed to prove the charge against the accused-appellant for the offence under section 29 of the NDPS Act.

7. After his acquittal, the appellant moved an application before the trial court with a prayer that his agricultural land attached pursuant to the orders passed by the trial court be released. The said application has been dismissed by the trial court vide impugned order while observing that as the appellant has failed to move any application within two years from the date of attachment as per sub-section (3) of section 85 CrPC and, therefore, the said application is liable to be dismissed as time barred and the trial court has dismissed the application of the appellant while treating it as time barred. Being aggrieved with this, the appellant has filed this appeal.

8. Learned counsel for the appellant has submitted that as a matter of fact, the appellant was not aware about the pendency of the criminal case against him for the offence punishable under section 29 of the NDPS Act. He has also submitted that as in the year 2001, he went to Nepal for earning his livelihood and, therefore, summons issued by the trial court to him for attending the trial has never been served upon him. It is contended that when the appellant came to his village in the year 2010, he came to know about the attachment of his agricultural land. It is further contended that the appellant was arrested and put to trial an