(1.) According to the prosecution version, as disclosed in the First Information Report, the translation whereof has been reproduced in para 2 of the petition, A.S.I. Dharam Pal on 30/1/1992, on receipt of secret information chased Truck No. AS-01-A-5044, and intercepted it near Aggarwal Foundry on G.T. Road, Smalkha. Jagir Singh petitioner was its driver and Amrik Lal its cleaner. Shri Ashok Kumar, B.D.O. Smalkha was summoned at the spot and in his presence search of the truck was carried out. On the back seat of the driver, 500 grams of poppy husk tied in an old white cloth was recovered. Neither of the two petitioners could produce any permit or licence for keeping the said contraband in his possession. 250 grams of the commodity was separated as a sample and then the sample and the remaining bulk was turned into two packets and sealed and then both the packets were taken into police custody. A bail application was moved on behalf of the two accused before the learned Additional Sessions Judge, Panipat, who vide his order dated 15/2/1992, rejected the same. Feeling aggrieved, the petitioners have come up before this Court through this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code).
(2.) The learned counsel for the petitioners has argued that
(3.) On the other hand, the learned Assistant Advocate General submits that the petitioners are not entitled to bail because the offence alleged is of very serious nature. A number of murders are committed by the accused when they are under the influence of one intoxicating drug or the other. This type of offences affect the society at large and that law should not be made so much impotent if it does not help the society. He contends that in Tview of the law laid down by their Lordships of the Supreme Court in Narcotics Control Bureau v. Kishan Lal, this Court is barred from entertaining applications of this nature particularly, the applications relating to offences alleged to have been committed under the provisions of Narcotic Drugs and Psychotropic Substances Act (61 of 1985), (hereinafter referred to as NDPS Act).