Judgment

Mr. Harpreet Singh Brar, J.

The present petition has been filed under Section 482 of Code of Criminal Procedure (Cr.P.C) for quashing of impugned order dated 20.12.2022 (Annexure P-5) passed by trial Court whereby the bail bond and the surety bonds of the petitioner has been cancelled and forefeited to the State and non bailable warrants have been issued against him in case FIR No.52 dated 15.07.2018, under Section 21 /22 of NDPS Act, 1985, registered at Police Station Mehta, District Amritsar.

2. As per allegations in the FIR, the alleged recovery is of 15 grams of heroin which is non-commercial in nature. The petitioner was granted the concession of regular bail vide order dated 27.09.2018. The petitioner has been regularly appearing before the trial Court since he was granted bail. The charges were framed against him on 30.08.2019. On 07.10.2022, the petitioner appeared before the trial Court and the prosecution witnesses were summoned for 20.12.2022. On 20.12.2022, petitioner could not appear as he was not well. He had given an intimation to his counsel to file an application for exemption but the same was not be filed. The trial Court forefeited his bail bonds and surety bonds and issued non bailable warrants against him. Thereafter, the trial Court initiated proceedings under Section 82 Cr.P.C. which are now pending for 06.06.2023.

CONTENTIONS

3. Learned counsel for the petitioner contended that the non bailable warrants of arrest have been issued in a mechanical manner and in the same fashion proceedings under Section 482 Cr.P.C. are initiated therefore, the impugned orders are passed in complete violation of the procedures prescribed under the statute.

4. Notice of motion.

5. On the asking of the Court, Mr. Dhruv Dayal, Additional Advocate General, Punjab accepts notice on behalf of the respondent-State.

6. Chapter VI of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) lays down the procedure relating to issuance of summons, warrants of arrest, proclamation and attachment. Undisputedly, the petitioner could not appear before the learned trial Court on 20.12.2022 and on the same date his warrants of arrest have been issued. Following order was passed by the learned trial Court:

“Accused Major Singh is absent without any intimation. Today neither accused Major Singh nor any exemption application on behalf of accused moved. Bail order of accused stands cancelled. Bail bonds and surety bonds cancelled and forefeited to State. Non bailable warrants of accused Major Singh be issued for 3.4.2023. Notice to surety be also issued for the date fixed.”

7. The warrants were issued in terms of Section 73 of the Code and bailable warrants and surety bonds were cancelled and forefeited in terms of Section 446 of the Code. Composite order (Annexure P-5) was passed by cancelling bail and forefeiture of the surety bonds including issuance of non-bailable warrants to the petitioner. Now the issue before this Court is whether the aforesaid composite order (Annexure P-5) fulfills the conditions laid down under Section 73 of the Code, which reads as under:-

“ Section 73 . Warrant may be directed to any person.

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for