1. Petitioner, an accused in case FIR No.213 dated 13.12.2023
registered against him, at Police Station Sadar Hoshiarpur, District Hoshiarpur,
for commission of offences punishable under Sections 22, 29 of NDPS Act, has
filed the present petition under Section 528 of BNSS, seeking quashing of the
order dated 17.02.2025 (Annexure P-2) passed by the learned Judge, Special
Court, Hoshiarpur, vide which on account of his non-appearance, his bail was
cancelled, personal bonds, surety bonds were also cancelled and forfeited to state.
His presence was sought to be procured through non-bailable warrants.
2. Learned counsel for the petitioner submits that after the petitioner
was admitted to the relief of bail, he had been continuously appearing in the
Court. On 24.01.2025, an application seeking his exemption from appearing in
the Court was moved, which was sympathetically dealt with by the learned
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Special Court. On 17.02.2025, petitioner, who is a Cab driver in Himachal
Pradesh, could not inform his counsel, as he was in interiors of the State.
Resultantly, on account of his absence, impugned order was passed. Thereafter,
the case remained pending for appearance of petitioner. Repeated non-bailable
warrants were issued which were received back unexecuted. Learned Judge,
assuming that petitioner is intentionally not appearing before the Court and is
deliberately avoiding the service, initiated Proclamation Proceedings against him,
vide order dated 19.11.2025, for 10.12.2025. However, on the said day i.e. on
10.12.2025, Proclamation against petitioner was received back unexecuted and
fresh Proclamation was issued for 23.01.2026. Presence of petitioner was awaited
for 23.02.2026, when the following order was passed:-
