(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 The matter is old than two decades. It is pending for all these years and still what is painful is that ' Non-bailable Warrant', issued on 3 rd July 1991 is yet not served to accused No. 1. In fact, initially when the matter was notified, the remarks column showed that, 'Notice unserved for opponent No. 1, Notice served for opponent No. 2 and Notice not received back for opponent No. 3'. Taking that into consideration, this Court directed issuance of fresh 'Bailable Warrant' in the sum of Rs.5,000/- to opponent Nos. 1 and 2. Opponent No. 3, who was present, was granted time to engage another advocate.
1.1 Learned advocate Mr. Padia, appears for opponent No. 3. So far as opponent No. 2 is concerned, it is reported that he has died on 18th March 2006. A zerox copy of Death Certificate of opponent No. 2 along with the Statement of his widow is produced on record. In light of that, the appeal stands abated qua respondent No. 2.
1.2 So far as opponent No. 1 is concerned, who appears to be the main accused, as he was found in possession of six kg. of Opium, is yet not traced by the State since 1991.
1.3 Learned Additional Public Prosecutor Mr. Pujari is praying for some more time to see that necessary steps are taken and the respondent No. 1 is also brought before the Court.
2.0 The matter is quite serious. The record shows that the 'Non-bailable Warrant' issued by this Court, as back as on 3rd July 1991, is not taken with required seriousness and that is why, the present scenario has emerged. In light of that, it is deemed proper that to impress upon the highest authority, presence of the Principal Secretary, Home Department be sought for, so that he can be impressed upon and it can be assured that necessary action will be taken in the matters of this nature.
2.1 The matter is kept tomorrow i.e. 8th May 2012 at 11:00 a.m. Learned Additional Public Prosecutor to communicate to the Principal Secretary, Home Department to remain present before this Court.
2.2 A copy of this order be made available to the learned Assistant Government Pleader Mr. Pujari for its onward communication for compliance.
[ Ravi R. Tripathi, J. ] [ G. B. Shah, J. ] hiren Top