JASWINDER ALIAS KAKA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.131 dated 1.8.2003, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bhattu Kalan, District Fatehabad. As per the prosecution case, petitioner was carrying 35 kg 700 gms of poppy husk without any permit or licence and had managed to escape from the spot. Petitioner was declared a proclaimed offender. Learned counsel for the petitioner has submitted that no service had been effected on the petitioner at his address before declaring him a proclaimed offender. Now the petitioner is in custody since 12.5.2010. Learned State counsel, on the other hand, has opposed the petition. On a query put up by this Court, learned State counsel, on the instructions from ASI Devi Lal, has submitted that the petitioner is not involved in any other criminal case.

(2.) Keeping in view the fact that the petitioner is now in custody since 12.5.2010 and was not apprehended at the spot, it would be just and expedient to release the petitioner on bail. Whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial.

(3.) Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Fatehabad.