BAJ SINGH ALIAS BAJI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED seeks bail for an offence alleged to have been committed by him within some provisions of the N.D.P.S. Act and the narcotic substance in the form of poppy husk weighing 12 Kgs. has been recovered from him on a raid conducted by the police. Various grounds have been taken for grant of bail and one of the grounds being that the he has been arrested as far back as on 16.8.1995 and that the challan has been put up in the Court and the case is fixed for recording of prosecution evidence.

(2.) THERE is no proof available on the file that the petitioner is a previous convict or an habitual offender. Unless his guilt is made home to him, the petitioner is not supposed to be kept in judicial custody as a matter of penalty and the quantity of poppy husk recovered from him is only 12 Kgs. Without discussing the merits of the case, I deem it a good case wherein the petitioner can be granted bail and order that the accused be released on bail in the sum of Rs. 40,000/- with one surety and a personal recognition bond in the like amount to the satisfaction of the trial Judge. However, the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission and shall see that the witnesses are not tampered with. The petitioner shall hand over the passport to the concerned Superintendent of Police if he holds one.