Full Judgment Text
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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event the lawyer who was earlier appearing had withdrawn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.