MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MR . K. S. Ahluwalia, learned counsel for Dhanna respondent stated at the bar that his client does not want to file any reply concerning the notice sent to him as to why bail already granted to Dhanna by the Additional Sessions Judge, Patiala, be not cancelled and on his request this application has been heard today.

(2.) IN brief facts of the case are that the police party headed by SI Kuldip Singh, S.H.O. Police Station, Bhadson was holding Nakabandi and vehicle checking at the Canal bridge in the area of Kalar Majri. On 16th of August, 1993 at about 7.30 P.M. truck bearing registration No. PCL 9945 came there from the side of Bhadson. Dhanna respondent who was sitting on the left side was recognised by ASI Maghar Singh. Dhanna, however, taking the advantage of darkness was able to escape whereas his co-accused Mangal Singh who was driving the truck was taken into custody. According to the prosecution the truck was searched after complying with the formalities under the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the Act) and 45 bags each containing 35 Kgs. of poppy husk were recovered. Additional Sessions Judge, Patiala, granted bail to Dhanna vide his order dated 26th October, 1993 without making any reference whatsoever to Section 37 of the Act.

(3.) FACED with this situation the learned counsel for Dhanna placed reliance on the authority of the apex Court in Aslam Babalal Desai v. State of Maharashtra, 1993(1) Recent Criminal Report 600, wherein it was observed as under :-