JUDGMENT

The appellants, the sureties, came up against the order under Section 446 Cr.P.C. imposing penalty @ RS.50,000/- each by forfeiting bond amount of Rs.50,000/- each on the ground of violation of bail bond conditions by the accused involved in an alleged offence under Section 20 (b) (ii)(B) of NDPS Act.

2. A mere perusal of the order would show that a show cause notice under Section 446 Cr.P.C. was issued calling upon the party either to pay the penalty or to show cause, to which no explanation was given.

3. The decision rendered by this Court in Sahadevan and Another v. State of Kerala (2017 KHC 981) was brought to the notice of this Court in support of the argument that the court shall not impose penalty “mechanically” and relied on paragraph 4 of the judgment, which is extracted below for reference :

“It is to be borne in mind that S.440 Cr.P.C. says that the amount of every bond executed under Chapter XXXIII shall be fixed with due regard to the circumstances of the case and shall not be excessive. S.441 Cr.P.C. Deals with bond of accused and sureties. On a reading of S.446 Cr.P.C., it is clear that forfeiture of a bond is automatic in case the accused and the sureties comm