Rao Binder Singh vs State of Punjab

Sat Pal, J.

This petition has been filed seeking bail pending trial in the case FIR No. 42 registered at Police Station Talwandi Sabo under Section 18 of the Narcotic Drugs and Psychotropic Substances Act.

Notice of this petition was issued to A.G. Punjab on 12th September, 1995.

Mr. Deol, learned counsel appearing on behalf of the petitioner inter alia submits that as per allegations made in the FIR, one independent witness Mahal Singh was associated but the sample seal was not handed over to the said independent witness but instead it was handed over to a Police Officer, ASI Paramjit Singh. He further submits that the alleged recovery in this case is of 400 grams opium. He also submits that the alleged recovery of opium has been made from the dicky of scooter which did not belong to the petitioner and the petitioner was not having any knowledge as to what was kept in the dicky. In support of his submission he has placed reliance on a judgment of this court in Sees v. State of Punjab, 1995(3) RCR 16 .

The application has been vehemently opposed by the learned AAG, Punjab.

Keeping in view the submissions made by the learned counsel for the petitioner and also the quantity of 400 grams of opium allegedly recovered from the petitioner, 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 bail bond in the sum of Rs. 25,000/ with two sureties in the like amount to the satisfaction of C.J.M. Bhatinda. This order shall be subject to the following conditions :

(1) that the petitioner shall deposit his passport with the learned Sessions Judge/Designated Court concerned and if he does not hold a passport, he shall file an affidavit to that effect; and

(2) that the petitioner shall not leave the District of Bhatinda except with the permission of the learned Sessions Judge/Designated Court Bhatinda.

With this order, the petition stands disposed of.