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(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub- section (4) as they apply to the proclamation published under sub-section (1).]"

Terms of the above sub-sections are mandatory and imperative and a proclamation cannot be issued without first issuing the legal warrant of arrest. The abovesaid provisions of Section 82 Cr.P.C. will come into operation when Court has reason to believe that the accused has absconded and will not obey the summons or in case where the accused person or whom the summons is duly served for appearance, fails to appear without offering any excuse for non-appearance, a warrant of arrest can be issued but where warrant of arrest has been issued against an accused person and there are reasons to believe that the accused person has absconded or is CRM M-359 of 2012 [20] concealing himself to avoid the execution of the warrant, the Court may publish a written proclamation requiring such person to appear before it and may attach his property. If the accused person fails to appear before the Court as required by the proclamation, the property attached would be at the disposal of State Government and could be sold. Section 83 Cr.P.C. deals with the attachment of property of a person absconding. Section 84 Cr.P.C. deals with claims and objections to attachment. Another important Section 85 Cr.P.C. provides relaxation to a person absconding, by laying down a provision that the property could be released from attachment if he appears within two years from the date of attachment. Provisions of Sections 83 and 85 Cr.P.C. indicate that these stringent provisions are made to exert pressure on the accused and compel him to appear before the Court, in case he wants that he should not be deprived of his property. Section 86 Cr.P.C. provides for an appeal against an order rejecting the application for restoration of attached property.

The application of abovesaid rules of interpretation requires reference to Sections 174, 174 A IPC and 229 A IPC and the procedural law in Section 40, existing procedures under Section 38, Section 40, Section 41

(c) and Section 82 (1) (2) and (3) and Section 83 Cr.P.C. for fair construction of the amendment of Section 82 (4) and (5) Cr.P.C.

A judicial notice of the fact can be taken from a number of petitions challenging orders of declaration of "proclaimed offenders" that a large number of persons evade their appearance before the Courts. The scheme of Criminal Procedure Code and substantive laws makes an endeavour to compel the appearance of the accused person, by adopting the various provisions of summons, warrants, proclamation, bail bonds, provided in Chapter VI and under Chapter XXXIII (provisions pertaining to bail bonds) read with the powers of the police to arrest persons as per provisions of Section 41 Cr.P.C.. Apprehending an accused with the aid of the public and other officials is provided in Chapter IV under Sections 37, 38, 39, 40 and 41 Cr.P.C.

iii) The investigating officer is entitled to apply for warrant of arrest to the Court having jurisdiction under Section 24 of Police Act when the identity of the absconder is established, by giving probable abodes of the absconder;

iv) The SHO or Investigating officer is entitled to make simultaneous applications for proclamation under Section 82 Cr.P.C. and also for attachment of the property under Section 83 Cr.P.C. alongwith CRM M-359 of 2012 [41] list of property prepared which can be a farad of patwari in case of land and a plan of the house in case of a house. A Magistrate can issue simultaneous order of proclamation under Section 82 Cr.P.C. and attachment under Section 83 Cr.P.C. but proceedings of attachment can only be issued by the Court which had issued a valid proclamation under Section 82 Cr.P.C. A 'proclaimed person' or 'proclaimed offender' irrespective of the nomenclature, immediately after the proclamation is published, becomes a 'proclaimed offender' and his name must be entered in part I of Police Station Register No.10 as laid down in Punjab Police Rules 22.54 and his history sheet can be opened. If said person is resident of another District, the information is required to be sent to the SHO concerned and SP of that District. Information of the proclamation is required to be given to Headman and Watchman of the village concerned.

 CRM M-359 of 2012                                        [43]




              ix)    If a proclaimed offender appears within the time

specified in the proclamation, the Court shall release the property attached as per Section 85 (1) Cr.P.C.

x) The claims and objection regarding attached property by third person or persons within six months form the date of attachment can be raised on the ground that the claimant/ objector has interest in such property and that such interest is not liable to attachment. The Court ordering attachment shall enquire into and allow or disallow such claim or objection as per Section 83 (3) Cr.P.C.. A person whose claim is disallowed can file a suit within one year to establish his right as per Section 83 (4) Cr.P.C.