Jaswinder Singh vs State of Punjab

M.L. Singhal, J.—Heard.

According to the prosecution, one truck loaded with 40 bags of poppy husk, each containing 40 kgs. of poppy-husk, were recovered on 1.11.1997.

Learned Counsel for the Petitioner submits that according to the prosecution, the Petitioner and Ors. were occupying that truck at the relevant time and the Petitioner ran away. He submits that there is nothing to connect the Petitioner with the recovery of poppy husk. He further submits that there is nothing to show that it was the Petitioner who ran away from the spot. So far as Constable Jasbit Singh is concerned, he, too, had stated that the people of village were saying that it was Jaswinder Singh alias Binder, son of Chanan Singh, Rajput who had run away from the spot. Counsel for the Petitioner further submits that the Petitioner was arrested on 21.12.1997 and the trial has not made any headway so far. In Pehalwan Singh v. State of Punjab, Crl Appeal No. 789 of 1998, Hon�ble the Supreme Court allowed bail to Pehalwan Singh against whom the allegation was that he was found in possession of some bags of poppy husk and he was lying incarcerated in jail for 11 months without trial having made any headway.

Without going deep into these submissions, I feel that bail should be allowed to the Petitioner. So. bail to him to the satisfaction of the learned trial Court.