2005 (4) TMI 634

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....ted that no recovery was made from the petitioner. However, an amount of about 1 kg of smack is alleged to have been recovered from one Mohd. Rafiq, who was stated to be in the company of the petitioner. The said 1 kg of smack is alleged to have been carried by the co-accused Mohd. Rafiq in a 'thela'. The learned counsel for the petitioner submitted that the prosecution case is that on the....

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....nd not to be in possession of any contraband. In that case, the said Dalbir Singh and co-accused (Raj Kumar) on 27th September, 2002 were apprehended and co-accused (Raj Kumar) was found to be carrying five boxes with him containing a total of 25 kg of opium. Nothing was recovered from Dalbir Singh. In that case also, on the basis of some secret information the accused were apprehended. It was hel....

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.... "But since the informant has not been examined as a witness the evidence of P.W.12 that he was informed that accused nos.3 and 4 would be coming behind the truck in a taxi is not admissible." 4. Thus, according to the learned counsel for the petitioner, the secret information by itself is inadmissible unless the informant is examined and that is what has been held by the Supreme Court ....

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....g so, this Court granted bail to the petitioner in that case. The learned counsel for the petitioner submitted that in view of these decisions it is apparent that the petitioner is entitled to bail. 6. The learned counsel for the State submitted that there was secret information that the two accused would be coming together and they are the residents of the same district and Therefore there was....