LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Fifteen Kgs. of smak was recovered from the petitioner. Counsel for the petitioner states that the petitioner has been in jail since 6th June, 1998. Only one prosecution witness has been examined till date. Counsel for the petitioner relies on a judgment of the Supreme Court in Criminal Appeal No. 798 of 1998 dated 10th Aug., 1998 (Pehalwan Singh Vs. State of Punjab) where, in similarly circumstances, the under-trial was granted bail. It was also a matter under the NDPS Act. Today, while arguing, the counsel for the petitioner has also stated that there is a breach of the mandatory provisions of Sec. 50, NDPS Act in that the Investigating Officer is also the first informant. In such circumstances, the matter is also covered by a judgment of this court in Risala Vs. State of Punjab, 1996(2) RCR 707. It is not disputed that the trial is likely to take a considerable period of time for completion.

(2.) In view of the above, bail to the satisfaction of C.J.M./Duty Magistrate, Amritsar.