KIKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . According to the prosecution, 5 bags each containing 40.5 kgs. of poppy husk were recovered from the possession of the accused on 27.4.1998. According to the prosecution, he was found sitting on the bags containing poppy husk when he was nabbed by the police party headed by ASI Harbans Singh.

(2.) LEARNED counsel for the petitioner submits that this recovery is not witnessed by any independent witness. He submits that this recovery is not witnessed by any gazetted officer or Magistrate. He further submits that ASI Harbans Singh did not intend complying with the provisions of section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in true perspective and the compliance of these provisions on his part was more of a ritual than of a reality. He submits that if he had intended at the compliance of these provisions in true perspective, he would have sent for a gazetted officer or a Magistrate and have the recovery witnessed from him and no wonder, the statement of the petitioner that he was reposing absolute faith and confidence in ASI Harbans Singh and that no gazetted officer or Magistrate be called, was only a manipulation and not reality. He further submits that although the petitioner has been in jail for the last 11 months, trial has not made any substantial headway. No witness to recovery has so far been examined. He submits that during trial, the detention of the accused should not degenerate into being punitive. He has brought to my notice Pehalwan Singh v. State of Punjab (SLP (Crl.) 789 of 1998) in support of his submission that if trial does not make any headway and the accused remains in jail, he should be allowed bail. In Pehalwan Singh's case also some bags of poppy husk were recovered from the possession of Pehalwan Singh. He was in jail for the last several months without trial having made much headway.