JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per the prosecution allegations, 35 kgs of poppy - husk was allegedly recovered from the possession of the petitioner on 30.3.2000. However, the petitioner ran away from the spot and could not be apprehended. His various applications for bail were dismissed by this Court. Meanwhile he was declared a proclaimed offender. Finally, he was arrested. His application for bail was rejected by the learned Special Judge, Nawanshahar, on 9.6.2001. His earlier application for regular bail was rejected by this Court on 12.7.2001. He has again filed the present application for bail, in view of the amended provisions of the NDPS Act.

(2.) Learned counsel for the accused-petitioner has submitted that as per the amended provisions of the NDPS Act, the maximum punishment provided is RI for 10 years and fine of Rs. 1.00 lac inasmuch as the poppy-husk allegedly recovered from the possession of the petitioner, was less than the commercial quantity, defined under the amended Act. It has further been submitted that since the case is still under trial, the provisions of the amended Act would apply in this case. It has further been submitted that the amended provisions of Section 37 of the Act would also have no application to the facts of the present case. It has been submitted that the petitioner is in custody for the last more than six months and may be released on bail.

(3.) After hearing counsel for the parties, perusing the record and without expressing anything on the merits of the case it is directed that the accused appellant, Joga Singh shall be released on bail, on his furnishing bonds to the satisfaction of the trial Court.