Report has been received from the trial Court to the effect that earlier charge was framed against eight accused out of total twelve accused. Three of the accused were declared as proclaimed offenders on 22.2.2006 and case was fixed for evidence. Some witnesses were summoned for being examined but on that date Kuldeep Singh, co-accused, who was absconding appeared and supplementary challan was filed against him. Supplementary challan was also filed against Surjit Singh and Sucha Singh and thus charge was to be reframed against all the accused. It is also stated in the report of the trial Court that anticipatory bail has been granted to Kuldeep Singh. Petitioner has been in custody since 27.4.2005 and total recovery is alleged to be 54 Kgs of poppy husk. It is pointed out that since the petitioner was not apprehended on the spot, petitioner has an argueable case on the question of conscious possession. It is further submitted that if margin of error is given for the weighment, case of the petitioner is border-line case and if is found that alleged recovery was upto 50 Kgs, case will not be of commercial quantity. In these circumstances, indefinite custody of the petitioner is not called for.
