The Rouse Avenue Court on Tuesday issued a second non-bailable warrant against gangster Kapil Sangwan, alias Nandu, in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).
The Delhi Police had moved the court seeking issuance of the warrant as part of the procedural requirements under the Bharatiya Nagarik Suraksha Sanhita for conducting a trial against him in absentia.
Special Judge (MP/MLA) Vishal Gogne issued the second warrant against Sangwan, who is absconding and is alleged to be operating an organised crime syndicate from abroad. The matter has been listed for compliance on July 9.
The court is likely to hear arguments on the framing of charges from July 20.
The Delhi Police submitted that Sangwan remained untraceable despite efforts by the investigating agency and that proceedings for trial in absentia under Section 356 of the BNSS were required to be initiated.
Special Public Prosecutor Akhand Pratap Singh, along with advocate Samridhi Dobhal, appeared for the Delhi Police and informed the court that Sangwan had not been apprehended.
The court noted that the chargesheet contained a prayer seeking Sangwan’s trial in absentia under Section 356 of the BNSS.
Referring to the provisions of the BNSS, the court observed that before commencing a trial in absentia under Section 356(1), certain procedural requirements under Section 356(2) must be fulfilled.
One of the key requirements is the issuance of two consecutive warrants of arrest against the accused at an interval of at least 30 days.
On June 3, the court had issued the first non-bailable warrant against Sangwan. With the issuance of the second warrant on Tuesday, the statutory requirement under Section 356(2) has been complied with.
