IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 6418 of 2009
DATE OF DECISION 1.5.2009
Gurmeet Singh
......PETITIONER
VERSUS
State of Punjab and others
......RESPONDENTS
PRESENT: Mr. Akshay Bhan, Advocate.
Mr. PS Sidhu, Addl.A.G>Pb
M.M.S.BEDI,J.
This order will dispose of two petitions filed by Gurmeet Singh
(Cr.Misc. M6418 of 2009) and Mangat Singh (Cr.Misc. M 7308 of 2009).
The case of the prosecution, registered on the basis of a
secret information is to the effect that the petitioners along with five others
were carrying 175 kgs of poppy husk in a truck No. RJ-19-3885-LP owned
by Gurmeet Singh. Five persons allegedly escaped from the spot when
intercepted by the police. Out of the said five persons, two were found to
be innocent. Taking up the case of the prosecution as it exists today, it is a
case of recovery of 175 kgs of poppy husk, recovered from the joint
possession of five persons. Since a dual version regarding the
involvement of seven persons, mentioned in the FIR, has cropped in, it will
be debatable point whether each of the accused could be said to be in joint
possession of the commercial quantity of poppy husk.
Without expression of any opinion on merits of the case, both
the petitions are allowed and the petitioners are ordered to be released on
bail on furnishing bail bonds/surety bonds to the satisfaction of the trial
Court subject to the condition that they will not commit the similar offence
of which they are accused of. In case of any such eventuality, the
prosecution will be at liberty to seek cancellation of bail.
May 1 ,2009 ( M.M.S.BEDI ) TSM JUDGE