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CASE NO.: Appeal (crl.)  1049 of 2005

PETITIONER: Sukhdev Singh

RESPONDENT: State of Haryana

DATE OF JUDGMENT: 01/06/2007

BENCH: Dr. ARIJIT PASAYAT & D.K. JAIN

JUDGMENT:

J U D G M E N T WITH  CRIMINAL MISC.PETITION NO.4562 OF 2007

Dr. ARIJIT PASAYAT, J.

1.      Challenge in this appeal is to the judgment of a learned  Single Judge of the Punjab and Haryana High Court  dismissing the appeal filed by the appellant. The appeal was  filed by the appellant against the judgment of the learned  Sessions Judge, Sirsa convicting him for offence punishable  under Section 18 of the Narcotic Drugs and Psychotropic  Substances Act, 1985 (in short the ’Act’) and sentencing him  to undergo imprisonment for ten years and to pay a fine of  Rs.1,00,000/- with default stipulation.

2.      Appeal before the High Court was disposed of in the  absence of learned counsel for the appellant. The order itself  noticed that with the assistance of learned counsel for the  State, learned Single Judge perused the records and delivered  the judgment.  

3.      From the order of the High Court it appears that notice  was issued to the appellant for engaging another counsel as  the High Court noticed that he was not represented. It is noted  in the order that there was no evidence to show that the notice  was served on the appellant or not, yet the High Court  disposed of the matter ex parte.  

4.      In support of the appeal, learned counsel for the  appellant submitted that no notice was received by the  appellant regarding non-appearance of his lawyer. In any  event the lawyer who was earlier appearing had withdrawn  form the case without any intimation to the appellant.  5.      Though several other points are raised in support of the  appeal, it is not necessary to refer to them. Since the High  Court itself was not sure whether notice was served or not, it  should not have taken up the matter ex parte. The matter is  remitted to the High Court for fresh consideration on merits.  As the matter is pending since long before the High Court, let  the parties appear before the High Court without further  notice on 16th July, 2007. The Hon’ble Chief Justice is  requested to list the matter before an appropriate Bench.  

6.      The appeal is disposed of accordingly.

7.      In view of this order, no order is necessary to be passed  in Crl.M.P.No.4562 of 2007.