NIRMAL SINGH, J. - (1.) AS per prosecution story, on 9.2.2001 the Police party headed by ASI Maghar Singh alongwith other Police officials were going on patrol duty on a private vehicle. When the police party reached in the area of village Kule Majra, the petitioner was apprehended on suspicion. On search of the petitioner, 35 Kg. of poppy husk was recovered.
(2.) LEARNED counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. He submitted that as per allegation of the prosecution, the Investigator was on a jeep which was private. It has not been mentioned in the police file as to who was the owner of the jeep whether it was requisitioned or the jeep was on Vagar of some one. He further pointed out that there is violation of section 50 of the Act. Mr. R.P.S. Athwal, the learned Deputy Advocate General, Punjab failed to rebut the submission with regard to the jeep. In the Police file there is no document to show that the vehicle which was with the Police party was requisitioned or a private vehicle was being used by the police party as Vagar. This prima (facie) shows false implication of the petitioner. There is no evidence on recorded to show that the petitioner has been involved in any other case under this Act or under any other criminal Act. There is also no evidence that if the petitioner is released on bail, he will commit the same offence again. Taking into consideration the facts and circumstances of the case but without commenting on the merits of the case, the petitioner be admitted to bail to the satisfaction of the trial Court. Petition allowed.;