IMPORTANT POINT
A proclaimed offender under the Cr.P.C. is not entitled to equitable relief from the court, especially when the individual has consistently evaded legal proceedings and investigation.

ORDER :

1. The petitioner before this Court is an accused in FIR No. 11/2017 dated 19.01.2017, registered at Police Station Osian, District Jodhpur, for alleged offences under Section 8/18 and 29 of the NDPS Act. Under challenge herein is an order dated 06.11.2019 passed by the learned Special Judge NDPS Cases, Jodhpur, vide which, he was declared proclaimed offender (P.O.) as well as, subsequent framing of charge under Section 299 of Cr.P.C. Despite commencement of trial after filing of the charge-sheet dated 19.01.2017, the petitioner throughout remained abscond. He did not submit to the jurisdiction of the learned trial court.

2. The brief facts of the case are as follows: On 19.01.2017, Ramesh Dhaka, SHO of Police Station Osian, District Jodhpur, received a secret information that a motorcycle without a number plate, carrying two persons named Arjun Lal and Bhuwani Ram, had opium hidden in its tank box and would come for supply near Haripura. Acting on this information, the SHO, along with other police personnel, reached Chadi Chouraha. Upon seeing the police vehicle, the two individuals tried to flee on their motorcycle towards Raimalwada (Chadi) Road. But they were apprehended, and upon questioning, the rider of the motorcycle identified himself as Arjun Lal, and the pillion identified himself as Bhuwani Ram. A search of the motorcycle revealed a box on the right side of the petrol tank, from which the police recovered two polythene bags. The first bag contained 1 kg 700 grams of opium, and the second bag contained 2 kgs of opium.

2.1 Aforesaid FIR was thus registered. After the investigation, charge sheet was filed against the accused Arjun Lal and Bhuwani Ram for the offence under Section 8/18 of the NDPS Act, and against the accused Mahipal for the offences under Sections 8/18 and 29 of the NDPS Act. The investigation against the petitioner was kept pending under Section 173(8) of the Cr.P.C. as he did not join the investigation.

2.2 Subsequently, the investigating officer, holding that the petitioner is absconding and concealing himself to avoid arrest, submitted an application before the learned Special Judge, NDPS Cases, Jodhpur, praying for the issuance of a warrant of arrest against the petitioner under Section 37 of the Police Act. The learned Special Judge, NDPS Cases, Jodhpur, vide order dated 15.03.2019, thus issued the warrant of arrest against the petitioner.

2.3 Vide another impugned order dated 06.11.2019, the learned Special Judge, NDPS Cases, Jodhpur, upon the non-service of the warrant of arrest initiated proceedings under Section 80 & 82 of Cr.P.C. against the petitioner. Meanwhile, the investigating officer also filed the challan against the petitioner under Section 299 of the Cr.P.C. for the offences under Sections 8/18 and 29 of the NDPS Act. Hence, this miscellaneous petition.

3. At the very outset, it transpires that as far as the challenge to the charge under Section 299 Cr.P.C. is concerned, neither the order framing the same has been appended with the petition nor otherwise produced. In it’s absence, there is no ground to interfere on that count alone.

4. Adverting to the challenge of proceedings under Section 82 Cr.P.C., vide impugned order dated 06.11.2019, given the conduct of the petitioner and the nature of offences alleged against him, it is not a fit case to interfere.

5. Not only the petitioner has remained absconding all throughout the trial so far, but even prior thereto, he never joined the investigation despite all endeavours taken by the investigating agency to seek his presence.

6. It is settled law that a proclaimed offender does not deserve any equity from the Court. Present petition is completely misconceived and deserves to be dismissed.

7. It is so ordered.