Hem Raj vs State of Punjab

Sat Pal, J.

This petition has been filed under Section 439 of the Code of Criminal Procedure (in short ''the Code'') seeking bail pending trial in the case F.I.R. No. 53 dated 12.6.1995 registered at P.S. Bareta, District Mansa under Section 15 of the ND.P.S. Act, 1985. As per the allegation made in the F.I.R., the alleged recovery from the petitioner was 12 kg and 100 grams poppy husk.

Mr. Chhabra, learned counsel appearing on behalf of the petitioner submits that as per allegations made in the F.I.R., one independent witness namely Gurbachan Singh Chowkidar was associated with the police party but the sample seal was entrusted to Head Constable Balraj Singh and not to the independent witness. In support of his submission, he has placed reliance on a judgment of this Court in case of Sees v. State of Punjab, 1995(3) RecentCR 16 .

After hearing learned counsel for the parties and keeping in view the facts that the alleged recovery from the petitioner is only 12 kg and 100 gram poppy husk and also keeping in view the submissions made by the learned counsel for the petitioners, I am of the view that it is a fit case for grant of bail. Accordingly, I direct that the petitioner shall be released on bail on furnishing a bail bond in the sum of Rs. 25,000/ with one surety of the like amount to the satisfaction of C.J.M. Bathinda. With this observation, the petition stands disposed. The observations given hereinabove shall not have any bearing on the merits of the case.