VIRSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Section 439 Cr. P.C. 1973 prays for release of the petitioner on bail pending trial in case FIR No. 38, dated 28.3.2003 under Sections 15/61/85 of the N.D.P.S. Act registered at Police Station Sidhwan Bet, District Ludhiana.

(2.) THE application of the petitioner for grant of bail was earlier dismissed by this Court on 3.11.2003 being Crl. M. No. 50588-M of 2003.

(3.) MR . Sukant Gupta, learned State counsel has argued that Section 50 of the Act would not be available to a person who is not carrying the contraband on his person and is suspected to be carrying in a bag or a suitcase. Learned counsel has placed reliance on a judgment of Hon'ble Supreme Court in case Narayanaswamy Ravishankar v. Asstt. Director, Directorate of Revenue Intelligence, (2002)8 SCC 7. Learned counsel has also apprised the Court that prosecution evidence in this case has been concluded and the case is now fixed for defence evidence on 14.4.2005.