SUKHRAJ SINGH @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUKHRAJ Singh alias Raju, petitioner-accused seeks bail in case bearing FIR No. 92 dated 10.5.2001 registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') with Police Station, Nurmahal.

(2.) THE accusations against the petitioner are that on 10.5.2001 ASI Bhagwan Dass was present in the area of Kandola Kalan when he intercepted the petitioner-accused and recovered 1 Kg.-10 Grams of opium from the bag carried by him. The recovery proceedings were completed at the spot. After completion of the investigation, challan had been filed and the case is pending trial in the Court of Special Judge, Jalandhar.

(3.) LEARNED counsel representing the petitioner-accused, while pressing for bail, has mainly contended before me that factually the recovery was made from one Jasbir Singh as reported in the news item published in Daily Ajit dated 14.5.2001, while the petitioner-accused was falsely implicated and linked with the crime. Additionally, it was pointed out that the Investigating Officer had failed to fix his own seal and no independent witness was associated at the time of recovery. It was also submitted that the petitioner had been in custody from the date of his arrest and in view of the amended provisions, the bar under Section 37 of the Act is not applicable as the quantity recovered does not fall within the purview of commercial quantity as per notification dated 19.10.2001 issued by the Central Government.