RAM SAROOP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application under Section 439 of the Criminal Procedure Code for grant of bail to the petitioner pending trial in case FIR No. 456 dated 3.9.2003, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar, Patiala.

(2.) THE allegations levelled in the First Information Report are that on search of the house of the petitioner 63 KGs poppy husk was recovered. It is appropriate to mention that on 24.11.2003 Criminal Misc. No. 49328-M of 2003 was dismissed as withdrawn. The fresh application has been filed by taking the plea that once recovery has been effected from the house then provision of Section 100 of the Criminal Procedure Code for joining independent witnesses was required to the complied with. In support of the aforesaid submission, the learned counsel has placed reliance on a judgment of this Court in the case of Soma v. State of Punjab, 1999(2) RCR(Crl.) 765 (P&H).

(3.) AFTER hearing the learned counsel for the parties, I am of the considered view that 63 Kgs. of poppy husk was recovered from the house and it is not clear from the record whether any independent witness was joined during search as required by Section 100. It may be possible during trial to explain the reason for not joining the independent witnesses. At this stage, it cannot be concluded whether Section 100 was complied with or not. The benefit of this doubt at this stage therefore would go to the petitioner. Even otherwise, the petitioner is in custody since 3.9.2003 and the trial is going on. Only 2/3 prosecution witnesses have been examined. Therefore, no useful purpose will be served by keeping the petitioner in custody. Petition is allowed. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala. Petition allowed.