Buta Singh vs State of Punjab

M.L. Koul, J.

The petitioner Buta Singh is seeking bail under the provisions of Narcotic Drugs and Psychotropic Substances Act for which he stands charge sheeted before the trial Court on F.I.R. No. 123 dated 28.12.1995 registered by Police Station, City Mansa, for having carried 30 kgs. of poppy husk while he was way laid by the police and 29 kgs. 800 grams of poppy husk was recovered from him while 200 grams was sealed for the expert opinion.

Learned counsel for the petitioner argued that the recovery was not effected in the presence of the any independent witness and that many violation of the law has been committed by the police in recovering the poppy husk from the petitioner and that the petitioner is in jail for the last about 8 months.

I have gone through the record on the file and it is found that the accused is not a previous convict and was not dealing in trade of poppy husk in the past for which any case is pending against him. The antecedents of the petitioner are not bad. This is the first offence alleged to have been committed by him. Thus he is not supposed to languish in the jail without trial being effected in accordance with law against him and is found guilty. Hence having regard to all the circumstances of the case, the petitioner is directed to be released on bail in the amount of Rs. 40,000/ with one surety and a personal recognizance bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Mansa.