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2022 (12) TMI 488 - HC - CustomsSeeking grant of bail - Smuggling - validity of dropping/dismissing the complaint if the non-bailable warrants could not be executed - offences punishable under Sections 132 and 135(1)(A) of the Customs Act, 1962 - HELD THAT:- The section 82 Cr.P.C. deals with proclamation for the person Absconding. Sub section (1) provides that if any Court has reason to believe that any person, against whom a warrant has been issued by it, has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. Admittedly the accused no.1 i.e. Olga Kozireva in the complaint was admitted to bail but absconded thereafter. The non-bailable warrant has already been issued against the Olga Kozireva but could not be executed. Thereafter the appropriate procedure which was required to be followed by the Trial Court to issue the proclamation against Olga Kozireva for appearance at specified place and at specified time. The Trial Court was not required to drop the proceedings as per the impugned order. The impugned order is not sustainable in law and accordingly set aside. The Trial Court is directed to take appropriate steps further in accordance with law in case the non-bailable warrant received unexecuted due to reason whatsoever. Petition disposed off.
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