Lakhwinder Singh vs Union of India

S.K. Jain, J.

Mr. Sharma has placed on record writing from the Superintendent, Customs Preventive Station, Gurdaspur to the effect that the detention proposal in the case of Lakhwinder Singh s/o Dewan Singh and Satnam Singh s/o Gurcharan Singh, both the accused, in the case of two hundred kilograms of poppy straw has been sent to the higher Authority for necessary action vide his office letter No. CW 13 P/CW/19/148 dated 20th of August, 1992. This letter does not show that the Government is intending to proceed against the accused for his detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and neither Mr. D.D. Sharma nor Mr. Rajnish Dewan, Inspector, Customs, Gurdaspur is prepared to make statement to the effect that the Government has taken steps to proceed against the accused under the said Act. Under the circumstances, the contention that the accused was being proceeded against under COFEPOSA Act is not substantiated.

Now on to the bail application, the petitioner was allegedly found in possession of 200 kilograms of poppy straw on May 20, 1992 on Dhariwal Gurdaspur road. After the sample was separated from the bulk, both the sample packet and remaining bulk were taken into possession. The sample was sent to Chemical Examiner. The report of the Chemical Examiner has been received to the effect that the contents the sample poppy straw.

The learned Counsel for the petitioner has submitted that two independent witnesses being employees of the Food Corporation of India could not be considered to be independent witnesses. He also submits that the mandatory provisions of Section 50 of the Narcotic Drugs and Psychotropic Act, 1985 have not been complied with. I do not find any substance in these arguments. As far as the compliance of Section 50 of the Narcotic Drugs and Psychotropic Act is concerned, the matter is before the Full Bench of this Court. According to the report of the Chemical Examiner poppy straw was recovered from the possession of the accusedpetitioner. Quantity being 50 bags, it is not a fit case for granting bail. This petition is, therefore, dismissed.