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Showing contexts for: proclamation crpc in Pal Singh Santa Singh vs The State on 13 August, 1954Matching Fragments
1. The only point that requires consideration in this case is whether the petitioner ig entitled to the restoration of his property which was attached under Section 88. Criminal Procedure Code.
2. The present petitioner was wanted in a murder case and a proclamation under Section 87, Criminal Procedure Code, was issued on 13th Juno 1950 ordering him to appear before tha Court within 30 days from the date of its issue. The proclamation was published on 29th of June 1950. On the date the proclamation was issued, i.e., 13th of June 1950 the Court also ordered attachment of moveable and immovable property under Section 88, Criminal Procedure Code. His moveables were attached on 29th June 1950 and were sold on 12th March 1951 for Rs. 178/7/-while his immovable property was attached on 30th August 1950 and is still under attachment.
The learned Judges have given no reasons for their decision and for making an illegal proclamation legal by applying Section 537, Criminal Procedure Code, and their decision may well have been different if the case reported in 'AIR 1919 Lah 57 (B) had been brought to their notice. In any case with due respect to the learned Judges I am of the opinion that Section 537, Criminal Procedure Code cannot be applied to make an illegal proclamation legal. It is significant that Blacker J. and Teja Singh J. when dealing with this very matter did not refer to this decision of the Division Bench which was binding on them.
12. The application under Section 89, Criminal Procedure Code, was dismissed and the order was affirmed by the learned Additional Sessions Judge. Pal Singh has come up in revision to this Court and when the matter was placed before me I found that there was some conflict of opinion in the Lahore High Court and I referred the matter to a Division Bench.
13. Section 87, Criminal Procedure Code, provides for proclamations against, persons who arc absconders and the relevant portions of this Section are "87 (1)* * *such Court may publish a written proclamation requiring him to appear at a specified time not less than thirty days from the date of publishing such proclamation.
(2) * * (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this Section have been complied with, and that, the proclamation was published on such day."
14. Under Section 88, Criminal Procedure Code, a Court issuing a proclamation under Section 87 may at any time order the attachment of the property * * * belonging to the proclaimed person, and under Section 89, Criminal Procedure Code, a person whose property has been attached can apply within two years from the date of the attachment for restoration of the attached property on the grounds that (1) he did not abscond for the purpose of avoiding execution of the warrant and (2) he had not such notice of the proclamation as to enable him to attend within the time specified therein.