SARABJIT SINGH @ SODI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is true that the petitioner is alleged to be on the truck which was seized by the Police and which contained Poppy Husk. Normally, in such cases of huge quantity of recovery, the bail should not have been granted. However, the circumstances of this case are such that the accused is entitled to bail. The prosecution case itself is that the petitioner, who was sitting on the loaded poppy husk, slipped when the truck was signalled to be stopped by the police. It is also admitted position that no identification parade was conducted. The question as to whether the statement made by the co -accused of petitioner, who was allegedly apprehended at the spot, shall be admissible in evidence or not, is a moot question. This court does not deem it appropriate at this stage to give any finding on this issue, lest it may prejudice either of the sides during trial. Admittedly, there is no other evidence collected by the prosecution connecting the petitioner with the crime.

(2.) BAIL to the satisfaction of CJM, Jalandhar.

(3.) HOWEVER , nothing said in this order shall be construed as any comment on the merits of the case.