IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-33972 of 2011 Decided on 23.12.2011 Surinder Singh @ Shinda and another --Petitioners vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Vivek Goel,Advocate, for petitioner No.1. Mr.A.S.Rai, DAG,Punjab. RAKESH KUMAR JAIN,J: (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.56 dated 01.5.2011, under Section 22/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'NDPS Act') at Police Station City Malout, District Muktsar. The case set up by the prosecution is that Surinder Singh @ Shinda was driving the motor cycle whereas Bablu @ Kuldeep Singh (co- accused) was the pillion rider who was carrying a bag from which 5 liters of liquid and 372 grams powder was recovered. Learned counsel for the petitioner has submitted that no case is made out against the petitioner because recovery has not been effected from him whereas the learned counsel for the respondent has submitted that since both the petitioners were travelling in the same motor cycle, the recovery is presumed to have been effected from them. In this regard, learned counsel for the petitioner No.1 has relied upon a decision of this Court passed in CRM-M-35262 of 2011 titled as “Darshan Singh vs. State of Punjab” in which the facts were almost similar because in that case 3 Kg of opium CRM-M-33972 of 2011 --2- was recovered from the bag of the co-accused who was a pillion rider of the motor cycle which was being driven by Darshan Singh. This Court allowed the bail application of Darshan Singh on 21.12.2011 on the ground that the opium was recovered from the person who was carrying the bag and not from Darshan Singh who was driving the motor cycle. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observation on merits, the present petition is allowed and the petitioner No.1. is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. 23.12.2011 (Rakesh Kumar Jain) RR Judge