Accused Under NDPS Act Can't Be Declared Proclaimed Offender; Only 'Proclaimed Person' U/S 82 CrPC: Delhi High Court
The Delhi High Court has held that an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be declared a “Proclaimed Offender” under Section 82 CrPC.Justice Neena Bansal Krishna reasoned that a person can be declared as a Proclaimed Offender only in respect of the offences specifically provided under Section 82(4) CrPC. For all other offences, the person...
The Delhi High Court has held that an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be declared a “Proclaimed Offender” under Section 82 CrPC.
Justice Neena Bansal Krishna reasoned that a person can be declared as a Proclaimed Offender only in respect of the offences specifically provided under Section 82(4) CrPC. For all other offences, the person can only be declared as a Proclaimed Person.
Since offences under NDPS Act do not fall in the category of offences defined under Section 82(4) CrPC, the Court held,
“It has been rightly contended by the Petitioner that the offence under NDPS Act, does not feature in the category of the offences defined under Section 82(4) and therefore, he could not have been declared as a Proclaimed Offender but a Proclaimed Person.”
The Court further explained that a clear statutory distinction exists between a proclaimed person and a proclaimed offender. It noted,
“As Section 82 (1), (2), & (3) Cr.P.C. defines the procedure to be followed for issuing a proclamation and recording of the Statement of the person in the Court, who has executed the publication. However, sub-Section 4 of Section 82 Cr.P.C further provides that for the Sections specified therein, a person would be declared as a Proclaimed Offender. It is quite evident that for all other offences, the person is declared as a Proclaimed Person.
That there is a clear distinction between a Proclaimed Person and a Proclaimed Offender, can also be made out from the harmonious and contextual construction of Section 82 read with Section 174 and 174(A) IPC which prescribes different Sentence for a proclaimed person and a Proclaimed Offender.”
Accordingly, the Court modified the trial court's order, holding that he be considered as a Proclaimed Person instead.
However, the Court declined to interfere with the proclamation proceedings or the cognizance taken under Section 174A IPC (Non-appearance in response to a proclamation), finding no procedural illegality.
Appearance: Mr. Naveen Panwar, Advocate for Petitioner; Mr. Utkarsh, APP for the State.
Case title: Avinash Singh v. State
Case no.: CRL.M.C. 3505/2025