LADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel contends that it is Prakash Singh who allegedly effected recovery of one kilogram of charas from the applicant, whereupon the applicant has been convicted for commission of offence under Narcotic Drugs and Psychotropic Substances Act, 1985, however, for being in possession of non-commercial quantity of narcotic. Learned counsel contends that there is conclusive evidence to the effect that the said officer in investigation team had a serious bias against the applicant, in so much as the applicant had lodged a complaint against the said officer one year prior to the filing of the present case. In this regard reference has been made to para 15 of the impugned judgment.

(2.) Considering the above noticed fact, application is allowed. Sentence of the applicant is suspended during pendency of the appeal.

(3.) Bail to the satisfaction of Chief Judicial Magistrate/Illaqua Magistrate, Gurdaspur.