Tarsem Lal vs State of Punjab

M.L. Koul, J.

The petitioner herein has been hauled up by the police for an offence alleged to have been committed by him within the amit of some provisions of N.D.P.S. Act and in that regard on completion of the investigation his case has been put up before the concerned Court for trial and the case is fixed for recording of the prosecution evidence.

On the last date of hearing the Investigating Officer was directed to see that on the date fixed before the trial judge, the independent witnesses are produced for their evidence. It is stated by the learned D.A.G. Punjab at the bar that only one independent witness has been cited in the case and due to some death in his family he could not be produced in the Court on the last date of hearing. As the Court''s direction has not been carried out by the prosecution, therefore, it has been found worth while to go through the facts of the case. It is found that 33 Kgs. of poppy husk has been seized from the possession of the petitioner. Many pleas have been raised by the learned counsel for the petitioner for grant of bail and particularly it is argued that the provisions of Sections 50 and 52 of the Act have not been carried out by the police during the investigation. These matters are already for consideration before the trial Court and any interpretation of the provisions will prejudice the matter and that will create a hurdle in the disposal of the case on merits.

However, no proof has been filed by the prosecution that the petitioner is a previous convict or is an habitual offender or his antecedents are very bad. In view of that fact and having the principle of natural justice in mind that unless guilt is brought home to the person he should not be made to suffer in the lock up as a matter of penalty especially when no objections are filed that he or any of his relations have attempted to influence the witness. Hence, it is ordered that the petitioner be released on bail in the amount of Rs. 50,000/ with one surety and personal recognition bond in the like amount to the satisfaction of the trial Court. The petitioner shall not leave the territorial jurisdiction of the Court unless previously permitted to do so. Also shall hand over the passport to the concerned Superintendent of Police in case any has been issued. He shall also not make an attempt to influence the witnesses in any manner and in case that is done by him the trial Court would be at liberty to cancel the bail under the rules without the intervention of this Court.