HUKAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F.I.R. No. 389 dated 12.7.1999 has been registered under Sec. 18 of the Narcotic Drugs And Psychotropic Substances Act by Police Station Sadar, Karnal. The allegation is that when the A.S.I. along with others was on patrol duty, he saw the petitioner coming. The petitioner was stopped and his name and address were ascertained. The petitioner informed that he was suspected to carry some intoxicating substance, and whether he wanted the search to be conduced by a Magistrate or a Gazetted Officer. On the petitioner reposing confidence in the A.S.I., the petitioner was searched, and 60 grams of charas wrapped in a wax paper was found in the pocket of the shirt of the petitioner.

(2.) The petitioner's application for bail under Sec. 439 Code Criminal Procedure was dismissed by the Learned Special Judge, Karnal. The petitioner's earlier application (Crl. Misc. No. 25245-M of 1999) on the file of this Court was withdrawn at that stage, and was dismissed as such on 14.9.1999. The petitioner has once again moved this Court under section 439 Code Criminal Procedure for bail.

(3.) I have heard the learned counsel for both the sides and have perused the records on file.