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Any Application for Recalling a Proclamation or Arrest Warrant is not Maintainable unless the Accused Voluntarily Surrenders to the Court --- Lahore High Court, Lahore order fresh review of Proclamation Order

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Islamabad 06-12-2024: In a significant decision, the Lahore High Court set aside two trial Court orders that declared an accused as a proclaimed offender and forfeited his surety bonds in a case involving narcotics charges under the Control of Narcotic Substances Act, 1997 (CNSA). The case stems from [FIR No. 386/2023], registered under Section 9(1)(3)(c) of the CNSA at Millat Town Police Station, Faisalabad.

The appellant failed to appear before the trial Court on 09-10-2024, resulting in his being declared a proclaimed offender under Section 87 of the Criminal Procedure Code (Cr.P.C.). The Court also directed the forfeiture of his surety bond under Section 514 Cr.P.C. and ordered his name to be entered in the register of proclaimed offenders.

On 14-10-2024, the trial Court dismissed the Appellant’s application to recall the proclamation order, citing that the matter could only be reviewed by the Lahore High Court under its revisional jurisdiction (Sections 435 and 439 Cr.P.C.).

The Lahore High Court emphasized the following principles:

The Court stressed that accused persons must attend Court proceedings unless valid reasons are presented. Absence reflects disregard for judicial authority.
It reiterated that any application for recalling a proclamation or arrest warrant is not maintainable unless the accused voluntarily surrenders to the Court.
The trial Court has the discretion to recall warrants or proclamation orders upon valid surrender, even if the accused’s surety bonds have been forfeited.
The issuance of summons, warrants, and proclamations aims to ensure the accused’s presence for fair trial proceedings.

The Lahore High Court set aside the trial Court’s order, directing the trial Court to reconsider the appellant’s application for recalling the proclamation. The following instructions were issued:

If the appellant surrenders before the trial Court by 11-11-2024, the application must be decided afresh, strictly adhering to legal principles.
If the appellant fails to surrender, the application will be deemed non-maintainable, and the law will take its own course.

This decision underscores the legal principle that trial Courts have the authority to cancel warrants or proclamations, provided the accused voluntarily surrenders and offers valid reasons. It also highlights the Lahore High Court’s role in revising trial Court decisions to ensure procedural justice.