KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who has been arrested in F.I.R. No.51 dated' 11.5.1996 under the provisions of the N.D.P.S. Act, registered at Police Station Jaitu, is seeking bail with regard to 7 kgs of poppy husk recovered from his possession and the accused is almost for the last three months in the custody of the police.

(2.) Heard learned counsel for the petitioner and Mr. A.S. Grewal, AAG (Punjab). Mr. Grewal vehemently resisted the prayer of the petitioner for grant of bail stating that as the accused is involved in a serious offence under the N.D.P.S. Act, thus, is not entitled to the concession of bail.

(3.) I have considered the pleas raised in the petition with regard to the seizure of the poppy husk in the matter but the legalities raised by Mr. Munjal cannot be taken into consideration at this stage as the same would affect the merits of the case. However, the fact remains that the petitioner is involved in the offence for the first time. There is no proof available on the file that she is a previous convict or is a habitual offender. Even there is no proof' available that his antecedents are bad. Since the recovery has already been effected and only formal challan is to be presented before the court of law, hence, I feel that the accused is not supposed to languish in the jail and to face the punishment as a matter of penalty till his guilt is brought home.