Delhi HC sets aside proclaimed offender process against accused
Oct 16, 2022
New Delhi [India], October 16 : The Delhi High Court on Friday set aside the proclaimed Offender (PO) process against an accused in the Narcotic Drugs and Psychotropic Substances (NDPS) case who could not appear before the court as he was infected with Covid-19 twice in Dubai.
Justice Yogesh Khanna on Friday set aside the order passed by the trial court initiating the PO process against the petitioner Sonu Goyal.
The bench allowed him to appear before the trial court on November 9 and granted liberty to file an application for bail.
Earlier two non-bailable warrants were issued against the accused.
The petitioner Sonu Goyal, through his wife Attorney Anita, has moved an application seeking setting aside of the Order of August 23, 2022, through which the process of the proclaimed offender under Section 82 of the Code of Criminal Procedure (CrPC) was issued against him.
The order was issued by the Karkardooma Court based on an FIR at Police Station Mayur Vihar under sections of NDPS Act, 1985, Section 25 of Arms Act read with Section 3/4/9 of Public Gambling Act,1867, and Section 420 and 120-B of the Indian Penal Code (IPC).
Senior advocate Sudhir Nandrajog, along with Advocate Sumit Gahlawat and TS Thakraon Advocates, counsel for the applicant contended that the NBWs were issued against the petitioner and on July 14, 2022, an application was moved for cancellation of NBWs before the Trial Court.
It was also contended before the Trial Court that the accused should have to appear on August 2, 2022, and the proceeding under Section 82 CrPC should be deferred.
The matter was listed for the appearance of the petitioner on August 2, 2022. The petitioner booked his flight ticket to depart from Dubai to India for August 1, 2022, however, since he was found Covid-19 positive, he was not allowed to board the flight, the counsels submitted. The medical certificate from the Dubai Medical Authorities was also filed.
The matter was then fixed for August 22, 2022, again an application with a medical certificate was filed to the effect that the petitioner was not well as he was again found Covid-19 positive.
It was further submitted that despite that the said application of the petitioner was rejected by the trial court and the process for a proclaimed offender under Section 82 CrPC was issued.
It is also submitted by the counsels for the petitioner from Fidelegal Advocates and Solicitors that the accused always intended to appear before the Court and because of the above-stated reasons applications dated August 1 and August 22, were moved.
Further, the main object of the issuance of process under Section 82 CrPC is to seek the presence of the accused before the trial court and to bring him before the law since the petitioner was found Covid-19 positive and was not allowed to travel from Dubai.
