SAPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard. According to the prosecution 35 Kgs of poppy- husk was recovered from the possession of the accused-petitioner on 22nd May, 1999. Learned counsel for the petitioner submits that this recovery is not witnessed by any independent witness. This recovery is not witnessed by any Gazetted Officer or Magistrate and there is no surprise that SI Sucha Singh manipulated the statement of the accused where through he allegedly declined to be taken to a Gazetted Officer or a Magistrate and confided in him. He submits that as the facts are recovery rests on the statements of Sucha Singh etc. who are police officials interested in the success of the case detected by them and it may not be possible for the Court to sentence the accused to undergo 10 years imprisonment and to pay fine of Rs. one lakh in the minimum.

(2.) Without going deep into these submissions, 1 feel that bail should be allowed to the petitioners. So, bail to him to the satisfaction of CJM Jalandliar.