GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Section 439 of the Criminal Procedure Code, the petitioner has sought his release on bail during the pendency of trial in a case with the allegations against him that the Police Party headed by an Assistant Sub-Inspector of Police Station, Sherper was present in connection with a Nakabandi at Canal bridge road leading to village Salampur and at mid-night, a bullock cart was seen coming from opposite direction which was stopped by the police party. On enquiry, petitioner diseased this name as Gurdev Singh. A formal option has given to the petitioner if he wanted to be searched in the presence of gazetted officer but he declined and on search of the cart, six bags containing poppy husk (35 kgs. each), were taken into possession after taking sample from each bag. To recovered material and the bullock cart were taken into possession and Ruqqa was sent to the Police Station for registration of a case under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act).

(2.) The petitioner has emphatically denied the allegations of the prosecution. In addition, it is contended that though the police party had laid a Nakabandi much before the occurrence, yet no independent witness from the public was joined in the said operation. Of course the accused was asked as alleged in the F.I.R. if he wanted to be searched in presence of a gazetted officer, such formal mention needs strict proof. Further, it does not find mention in the F.I.R. that any reason were recorded and conveyed to the petitioner in terms of Section 50(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act).

(3.) Bail has been declined to the petitioner by the trial Court primarily on the ground that he is not entitled to bail in view of Section 37 of the Act, as so observed by the apex Court in a Case reported as Narcotic Control Bureau v. Kishan Lal and others. Feeling aggrieved against the order of the trial Court, the petitioner approached this Court for concession of bail during the pendency of trial in terms of Section 439 Cr. P.C. and Section 37 of the Narcotic Act.