Netar Singh v. State Of Punjab



  
  

  



  



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Learned counsel for the petitioner submitted that the petitioner is an old man of the age of 66 years and he is suffering from various ailments. 2    in custody since one year and seven months and the petitioner has clean antecedents and he is not involved in any other case. He submitted that the petitioner was working as a cleaner in order to sustain his livelihood alongwith other co-accused who is the driver as well as owner of the truck wherein there was a recovery of 5 kgs. of opium from under the seat of the driver and on the basis of the aforesaid apprehension that the name of the

 

petitioner has figured in the FIR although the petitioner has got no role to play especially when he is not involved in any other case. 2  3 +( 3 /  %1 4     3     +& -'

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#  has submitted that it is correct that the petitioner has faced incarceration for one year and seven months and he has clean antecedents and is not involved in any other case. She submitted, on instructions from Sohan Singh, Investigating Officer, that 5 kgs. of opium was found from the underneath seat of the driver who is the coaccused and who is also the owner of the truck and the petitioner was a cleaner. She has however opposed the grant of bail to the petitioner on the ground that since the quantity confiscated falls within the commercial quantity and therefore the prayer of the petitioner is hit by the bar contained   Section 37 
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I have heard learned counsel for the parties. The petitioner has already faced incarceration for one year and seven months. He is not involved in any other case and as per learned counsel for the parties, the petitioner has clean antecedents. The age of the petitioner is about 66



years. The recovery of 5 kgs. of opium was underneath seat of the driver who was the owner of the truck and co-accused in the present case. As per the prosecution, the recovery was not effected from the conscious possession of the petitioner. The FIR has been lodged under Sections 18 and 27  
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 and not under Section 29  
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. As per learned counsel for the parties, even charges have been framed under Sections 18 and 27  
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Therefore, considering the custody of the petitioner, age of the petitioner, clean antecedents of the petitioner and also the latest judgment of the Hon'ble ! in Mohd Muslim @ Hussain's case (supra), this Court deems it fit and proper to grant bail to the petitioner and especially in view of the fact that as per the prosecution itself the recovery was not effected from the conscious possession of the petitioner, therefore the bar contained under Section 37  
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*  3  the present petition is allowed. $   %%%  %%  % 61   % %!6"1    23   1      %%  4       %1      

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