KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Kala Singh has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to him in case FIR.No.8 dated 19.01.2018 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act') and Section 489 of the Indian Penal Code, 1860, registered at Police Station - Ghanour, Distt. Patiala, during pendency of the trial.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case, whereas he was not involved. As per the case of the prosecution, the petitioner along with co-accused namely Ranjit Singh was arrested at the spot, whereas other accused namely Lachman Singh has been shown to have run away from the spot. The alleged recovery effected from the car is 50 kilograms poppy husk and 30 kilograms Chura Dana Posat (poppy seeds). Learned counsel also submits that recovery of 50 kilograms poppy husk falls under non-commercial quantity and 30 kilograms Chura Dana Posat does not fall under the purview of provisions of the NDPS Act. He also submits that at the time of alleged recovery, no independent witness was joined and mandatory provisions of the NDPS Act have not been followed. Petitioner is in custody since lodging of the FIR.i.e. 19.01.2018. Learned counsel also submits that all the prosecution witnesses are official witnesses and there is no possibility that the petitioner may influence them or tamper with the evidence. In support of his arguments, learned counsel for the petitioner has also relied upon judgments in case Hans Raj Vs. State of Punjab, 1997 4 RCR(Cri) 573, wherein it was held that seeds of poppy plant does not come within the definition of opium and thus does not fall under the NDPS Act.

(3.) Learned State counsel has not disputed the custody period undergone by the petitioner and also ratio of the judgment relied upon by learned counsel for the petitioner.