MARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MARA Singh accused is facing trial under Narcotic Drugs & Psychotropic Substances Act, 1985, before the Additional Sessions Judge, Sangrur, on the ground that 14 kgs. of poppy husk was recovered from him on 26th July 1995. On the last date it was argued by the learned DAG Punjab that the case was fixed for recording of prosecution evidence on 15th instant and it was directed that the evidence be produced positively on that date before the trial judge and in case no evidence is produced for any of the reasons, the bail application shall come up for hearing today. Today, it is convassed at the bar by the learned DAG that no evidence was produced on that date and the same shows that direction of this Court has not been carried out, rather it has not been complied with. I do not at the moment like to throw any light on the merits of the case whether Section 37 of the N.D.P.S. Act has been complied with or not and that may prejudice the whole matter once it is fixed for trial. But having regard to the other fact that the poppy husk seized from him on a raid is only 14 kgs., he is not a previous offender or otherwise his antecedents have not been found to be of a criminal nature. On these grounds, I deem it proper that bail is granted to the accused for he is not supposed to languish in the jail till the guilt is brought home against him. As a consequence, he is ordered to be released on bail in the amount of Rs. 30,000/- with one surety and the personal recognition bond in the like amount to the satisfaction of the trial Court. However, he is directed not to interfere or tamper with the prosecution witnesses or leave the District without previous permission of the trial Court, also in case any passport has been granted to him, the same he shall be deposited with the Superintendent of Police of the area and the same shall be returned to him as per the order passed by the trial Court.