TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner herein has been hauled up by the police for an offence alleged to have been committed by him within the amit of some provisions of N.D.P.S. Act and in that regard on completion of the investigation his case has been put up before the concerned Court for trial and the case is fixed for recording of the prosecution evidence.

(2.) ON the last date of hearing the Investigating Officer was directed to see that on the date fixed before the trial judge, the independent witnesses are produced for their evidence. It is stated by the learned D.A.G. Punjab at the bar that only one independent witness has been cited in the case and due to some death in his family he could not be produced in the Court on the last date of hearing. As the Court's direction has not been carried out by the prosecution, therefore, it has been found worth while to go through the facts of the case. It is found that 33 Kgs. of poppy husk has been seized from the possession of the petitioner. Many pleas have been raised by the learned counsel for the petitioner for grant of bail and particularly it is argued that the provisions of Sections 50 and 52 of the Act have not been carried out by the police during the investigation. These matters are already for consideration before the trial Court and any interpretation of the provisions will prejudice the matter and that will create a hurdle in the disposal of the case on merits.