BINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BINDER Singh seeking bail within the provisions of Section 439 Cr.P.C. in crime No. 58 dated 18.8.1996 registered with Police Station Rama, District Bhatinda under Section 15 of the N.D.P.S. Act, submits that he is an innocent person and all the formalities with regard to the seizure of the poppy husk weighing 25 kgs from his possession have not been fulfilled by the investigation officer at the time the so called poppy husk was recovered from him. The petitioner is alleged to have been carrying 25 Kgs of poppy husk in a bag which was seized by the police upon a raid. Soon after the investigation took place and by now it is expected that a challan might have been filed before the competent court of law. The accused was arrested on 18.8.1996 and is inside the jail for the last three months.

(2.) MR . Bhanot, learned Deputy Advocate General (Punjab) has vehemently argued that the petitioner is an anti-social element and the crime committed by his is in-rem and such people do not deserve any concession of bail and so the Legislature has rightly debarred such people for grant of bail under the provisions of N.D.P.S. Act.

(3.) NO doubt, a great menace of smuggling of Narcotic substances is in rise in both the States of Punjab and Haryana and many cases take place under the provisions of N.D.P.S. Act in spite of severe punishment under the law awarded to the convicts.