GURDEV SINGH @ DEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's learned counsel contended that he was only a driver of the truck wherein as per the prosecution 140 kgs of poppy husk was being transported. There is no evidence against the petitioner that he was in conscious possession of this contraband. Hence he is entitled to be enlarge on bail.

(2.) SECTION 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, lays down :

(3.) IN what capacity the petitioner was transporting this contraband is within his knowledge. Under Section 35 of the Act he has to prove the fact that he had no such culpable mental state.