Kulwant Singh vs State of Punjab

Mehtab S. Gill, J.—Heard.

Learned counsel for the applicant-appellant has stated that Kulwant Singh accused has undergone 6-1/2 years of actual sentence out of a total sentence of 14 years awarded to him. It is about half of the actual sentence awarded to him.

This Court vide order dated 8.2.2005 had observed that to keep the appellant in jail any further would perhaps be violative of Article 21 of the Constitution of India, as the chances of appeal being heard in the near future are very remote.

The prosecution story in brief is that Gurjeet Singh, Inspector/S.H.O., on 29.7.1998 along with police party was going in government Gypsy on patrol duty. On reaching the bridge of canal minor on the Meerpur road, Nakabandi was held. A truck came from the G.T. Road side towards village Meerpur Khurd. The truck was stopped. It was being driven by Harcharan Singh and the person sitting on his side disclosed his name as Kulwant Singh alias Manak. Search was conducted. 40 bags of poppy straw was seized.

Challan was put. The applicant-appellant was convicted.

The Special Judge, Mansa, vide his order dated 3.6.2003 convicted appellant Kulwant Singh and sentenced him to undergo R.I. for 14 years. A fine of Rs.1 lac was also imposed.

It is not disputed that appellant has undergone more than 67-1/2 years of actual sentence. No doubt, there is a bar in granting bail under Sections 32-A and 37 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act"), but the Hon''ble Supreme Court in Dadu alias Tulsidas v. State of Maharashtra, 2000(2) ACJ 621 (S.C.): 2000(4) RCR(Cri) 275 (SC) has held that sentence of the appellant can be suspended. It was held by the Hon''ble Supreme Court that Section 32-A of the Act is partially unconstitutional, as it curtails the power of the Appellate Court to suspend the sentence during appeal.

In Hem Raj v. State of Punjab, 2004(2) CCC 80 (P&H): 2004(1) RCR(Cri) 359, this Court granted bail, though the quantity recovered was commercial quantity.

The present appeal is not like to mature in the near future.

Sentence of the applicant-appellant is suspended during the pendency of appeal. Bail is granted to the applicant-appellant. He is directed to furnish bail bond of Rs.1 lac and surety bond of the like amount to the satisfaction of the Chief Judicial Magistrate, Bhatinda.