KULWANT SINGH ALIAS BILLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks bail in case F.I.R No. 90 dated 10.5.2001 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), registered with Police Station, Murahal.

(2.) According to the prosecution case, 1 kg. 10 grams of opium was recovered from the tin box wrapped in a polythined bag carried by the accused/petitioner when he was intercepted on 10.5.2001 by A.S.I Bhagat Ram in the presence of witness in the aroad of Police Station, Kurmahal.

(3.) After completion of the investigation challan has been filed in the Court, counsel representing the accused has submitted that the accused is in custody since the date of arrest and not a single witness has been examined. It has also been urged that the recovery being not of commercial quantity in terms of the notification dated 19.10 2001, bar of Section 37 of the Act would not be applicable.