SHAMSHER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Shamsher Singh petitioner was arrested for the possession of 20 kms. poppy husk without any valid permit or licence. Therefore, he seeks bail by way of filing the present application under Section 439 of the Code of Criminal Procedure.

(2.) On 19.6.1999 S.I. Mohinder Singh along with other police officials was on patrol duty in the area of Village Hanbra. Jaswant Singh, an independent witness was associated in the Police party. When the police party reached near the bridge at the barrier of village Bhatian at about 10.00 A.M., the petitioner was spotted coming on a cycle. He was carrying a gunny bag on the carrier of the cycle. On seeing the police party he tried to slip away. Thus on suspicion he was apprehended on the spot. Mohinder Singh, S.I. informed him that he had suspicion that he was having poppy husk or similar kind of substance in the bag, thus, his search was to be conducted. He was further informed, whether he wanted his search to be effected before the Magistrate or a police Gazetted Officer, upon which he replied that he had faith in him and there was no need of calling the Magistrate or police Gazetted Officer. His statement was recorded. In pursuance of the search of the bag 20 kgs. poppy husk was recovered. After separating the samples the seizure memo was prepared. The sample and the remaining bulk was separated and sealed with seal marked 'SS' whereafter the present case was registered under Section 15, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act (for short to be referred as the Act).

(3.) I have heard Mr. Rohit Mahajan, learned counsel for the petitioner and Mr. IPS Sidhu, learned AAG representing the State of Punjab.