Section 82 CrPC | Person Becomes A 'Declared' Proclaimed Offender Only When Proclamation Is 'Published': Allahabad High Court

The Allahabad High Court has observed that until and unless a written proclamation is not published as per Section 82 CrPC, the occasion for the applicant being “declared” a proclaimed offender doesn't arise.

Referring to the provisions laid down under Section 82 of CrPC, the bench of Justice Subhash Vidyarthi observed that a proclamation has to be been ‘published’ as provided under Subsection (1) of Section 82 CrPC before a person is declared as a proclaimed offender under Subsection (4) of Section 82 CrPC.

The Court observed thus while granting anticipatory bail to Khalid Anwar in a case under the Prevention of Corruption Act. With this, the Court rejected the CBI's objection that he should not be granted bail as a proclamation under Section 82 CrPC has been issued against him.

Essentially, the case had been registered in August last year against 19 named persons, including the applicant, and some unknown public servants and private persons regarding the smuggling of contraband goods of foreign origin like gold (5501.99 grams), reputed foreign brand cigarettes (434400 sticks) and saffron (30 kgs.).

The Court noted that though a proclamation under Section 82 (1) CrPC had been issued against the applicant on August 1, 2023, requiring him to appear before the Court on September 2, 2023, however, there was nothing on record to indicate that the proclamation had been ‘published’ as provided under Subsection (1) of Section 82 CrPC.

"...there is no material to indicate that the proclamation was publicly read in some conspicuous place of the town or village in which the applicant ordinarily resides or that it has been affixed to some conspicuous part of the house or homestead in which the applicant ordinarily resides or to some conspicuous place of such town or village or a copy of the proclamation has been affixed to some conspicuous part of the Court house or that it has been published in a daily newspaper circulating in the place in which the applicant ordinarily resides, which are the modes of publication mandated in Sub-section (2) of Section 82 CrPC," the Court observed.

Further, the Court noted that the Court issuing the proclamation had not made any statement in writing as provided in Sub-section (3) of Section 82 CrPC to the effect that the proclamation was duly published in the manner specified in clause (i) of sub-section (2).

In view of this, observing that the applicant had not been declared a proclaimed offender as yet, the Court held that the bar created by the principle of law laid down by the Supreme Court in Lavesh v. State (NCT of Delhi), (2012) 8 SCC 730 won't apply to this case.

Consequently, considering the facts and circumstances of the case and keeping in view the fact that the alleged recovery was made on December 19, 2019, but the F.I.R had been lodged in August 2022 and there is no explanation for the delay in lodging the F.I.R.; that the substantive offence allegedly committed by the applicant is non-cognizable, bailable and carries a maximum punishment of imprisonments up to 3 years; that although the C.B.I. has alleged commission of offences under the Prevention of Corruption Act, 1988, the applicant is not a public servant; that the applicant has no other criminal history and that a co-accused person has already been granted bail, the Court granted him anticipatory bail.  

Appearances

Counsel for Applicant: Shitla Prasad Tripathi, Amresh Singh

Counsel for Opposite Party: Anurag Kumar Singh

Case title - Khalid Anwar Alias Anwar Khalid vs. Central Bureau Of Investigation Thru. Branch Hear New Delhi 2023 LiveLaw (AB) 312 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1981 of 2023]

Case Citation: 2023 LiveLaw (AB) 312

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