IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 1961-SB of 2003 Date of decision: 14th May, 2009 Narinder … Appellant Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.S. Mor, Advocate for Mr. Narender Hooda, Advocate the appellant. Mr. S.S. Kharab, Assistant Advocate General Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On 20th April, 2009, this Court had passed the following order: “Appellant was sentenced to ten years rigorous imprisonment and to pay a fine of Rs.1,00,000/-, in default whereof to further undergo three years rigorous imprisonment under Section 20(b)(ii)(c) of NDPS Act. Counsel for the State has stated that appellant was released on parole on 17.2.2004 and he had to surrender on 31.3.2004. Till today appellant has not surrendered. The Senior Superintendent of Police, Rohtak is directed to file an affidavit as to what effective steps have been taken to arrest the appellant. Affidavit be filed on or before 14.5.2009.” Criminal Appeal No. 1961-SB of 2003 Alok Mittal, IPS, Senior Superintendent of Police, Rohtak has filed affidavit. The averments made therein read as under: 1. “That the accused/ appellant Narender son of Dayanand was convicted under Section 20(b)(ii)(c) of the NDPS Act, 1985 R.I. for 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo R.I. for three years by Shri V.P.Bioshnoi, the then Special Judge, Rohtak vide order dated 10.10.2003. 2. That the aforesaid appellant/ accused was released on parole by the District Magistrate, Rohtak on 17.02.2004 for six weeks with a direction to surrender at District Jail, Rohtak on 31.03.2004 but the aforesaid accused/ appellant did not surrender at District Jail, Rohtak on the given date. 3. That the Superintendent, District Jail, Rohtak has sent an application to the Station House Officer, P.S. Sampla that the aforesaid accused/ appellant was released on parole on 17.2.2004, but he had not surrendered at District Jail, Rohtak, therefore, necessary action as per law may be taken against the accused. 4. That on receipt of the letter, a case FIR No. 90 of 2004 under Section 8/9 of Haryana Good Prisoner Conduct Act 1988 was registered against the accused/ appellant on 15.04.2004 in Police Station Sampla. 5. That despite best efforts by the District Police, Rohtak, the presence of the accused could not be secured and the accused was declared proclaimed offender by the Additional Chief Judicial Magistrate, Rohtak on 13.10.2004. 6. That the District Police, Rotak has made sincere efforts to secure the presence of the accused but the accused could not be arrested so far, as he is evading his arrest. Since 2004, various police officers, in their capacity as either I.O. of FIR No.90 dated 15.04.2004 Police Station Sampla, District Rohtak or as Police Post Kansala 2 Criminal Appeal No. 1961-SB of 2003 Incharges or as part of Proclaimed Offender Staff, Police Station Sampla Rohtak or as CIA staff members have made their sincere efforts to arrest the accused/ appellant. The District Police, Rohtak has visited more than two dozen of times the given address of the accused/ appellant at village Pakasma but accused/ appellant was not found there as Sarpanch, Gram Panchayat, Pakasma, and other inhabitant of village Pakasma have stated that the accused/ appellant was released on parole but after that he was not seen in the village since then.” In the present case, appellant is at large. He has been declared as Proclaimed Offender. The appeal of an outlaw cannot be taken into consideration till he surrenders before the Majesty of law. Present appeal is disposed off with direction that as and when the appellant is arrested, he may renew the prayer for taking appeal on board for hearing and disposal. Authorities of the State may make vigorous efforts to arrest the appellant. Periodic reports be submitted to Registrar General of this Court by the Senior Superintendent of Police, Rohtak. [KANWALJIT SINGH AHLUWALIA] JUDGE May 14, 2009 rps 3