CHARANJIT @ CHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) FOUR Kilogram of Poppy Husk is alleged to have been recovered from the possession of the petitioner on 26.3.1998. Learned counsel contends that if Baldev Singh s/o Shankar Singh (alleged independent witness) had been present at the time of the recovery, the seal after use should have been handed over to him whereas according to the prosecution, the seal after use was handed over to Head Constable Satwinder Singh. Learned counsel further contends that there has been non -compliance of Section 50 of the N.D.P.S. Act. "Whether there has been non compliance of Section 50 of the Act is debatable". According to the prosecution, the petitioner declined to be taken before a gazetted officer and reposed confidence in A.S.I. Manjit Singh. Learned counsel further contends that Shri Manjit Singh introduced his statement only by way of formality and a ritual not with the intention that there should be compliance in letter and spirit of the provisions of Section 50 of the Act.

(3.) WITHOUT going deep into these submissions, I feel bail should be allowed to the petitioner. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kapurthala. Petition allowed.