In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 15838 of 2011(O&M) Decided on July 26,2011 Rajinder Kumar --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Harkeerat Singh, Advocate, for the petitioner. Mr.A.S.Rai, DAG,Punjab Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No. 9 dated 22.1.2011, under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Division No.3, Ludhiana. As per the allegations contained in the FIR, a pick up van Ace Tata No.PB-10CW-5396 was intercepted by the police and 155 kgs of poppy husk and poppy heads were found from the possession of one Surjit Kumar and Babbu . Learned counsel for the petitioner submits that he has been booked in the case only because he was owner of the said vehicle. He further submits that the said vehicle was sold by him to his brother Surjit Kumar @ Vicky. He submits that the petitioner is in custody since 21.3.2011. Learned counsel for the respondent submits that out the two accused who were occupants of the said vehicle, only Surjit Kumar has CRM-M- 15838 of 2011(O&M) -2- been arrested whereas Babbu is absconding. Learned counsel for the petitioner submits that since the narcotic has not been recovered from the conscious possession of the petitioner, therefore, he has been falsely implicated in this case. Without observing anything on the merits of the case, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. July 26,2011 (Rakesh Kumar Jain) RR Judge