MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and D.A.G., Punjab on behalf of the State. It is submitted at the bar by the D.A.G. that the challan has already been filed before the Court of law and it is fixed for charge and discharge of the accused. On perusal of the file it is found that only 15 kgs. of Poppy Husk has been recovered from the possession of the petitioner who has been arrested as far back as on 9.10.1995. There is no proof available on the file that the petitioner is a previous convict or a habitual offender. As only 15 Kgs. of poppy husk has been recovered, I feel that he should not be kept in judicial custody as a matter of penalty till the case is brought home against him in the trial. Hence, it is ordered that the petitioner be released on bail in the amount of Rs. 50,000/ - with one surety and personal recognition bond in the like amount to the satisfaction of the trial Court. However, the petitioner shall neither try nor make any exercise to tamper with the prosecution witnesses and also shall not leave the jurisdiction of the trial Court without its permission. If any passport has been granted to him earlier that he shall deposit with the Superintendent of Police concerned till the trial is complete. Petition allowed.