Pawan Kumar @ Babu v. State Of Punjab



  
        
  



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Mr. Randeep S. Khaira, AAG, Punjab.
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Learned counsel for the petitioner states that the petitioner has falsely been implicated in the above-noted FIR; that the petitioner is not the owner of the truck, rather was allegedly working as a cleaner; that the

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alleged recovery of 180 kg of Poppy Husk was effected from the cabin of the truck being driven by co-accused, Mohammad Tofieq, who had already been granted the benefit of bail, vide order dated 07.10.2020 passed in CRM-M-19748-2020, and that the petitioner has been in custody since 06.10.2018. Moreover, co-accused, Harbhajan Singh @ Bhajja has also been enlarged on bail vide order dated 14.09.2020. He further contends that it is a case, wherein a joint offer was made by the prosecution regarding the search of the petitioner. Thus, there being non-compliance of the provisions of Section 50 of the NDPS Act, the recovery effected stands vitiated. He further contends that there is no other FIR pending or registered against the petitioner. Learned State counsel while opposing the prayer made in the present petition, submits that the recovery had been effected in the presence of the DSP and it cannot be said that the provisions of Section 50 of the NDPS Act had not been complied with.

I have heard the learned counsel for the parties. Considering the submission made by the learned counsel, it will certainly be debatable as to whether a joint offer as extended in the present case is valid or not. Even otherwise, the petitioner has been in custody since 06.10.2018. Though the case is at the stage of evidence, yet the trial will take time to conclude, especially due to prevailing situation of Covid-19. Thus, no useful purpose would be served by keeping the petitioner behind the bars.

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