IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21104 of 2009 (O&M) Date of decision : 11.9. 2009 Amrik Singh @ Amrica ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Veneet Sharma, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab for the State. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.66 dated 19.3.2009 under Sections 21, 61, 85 of N.D.P.S.Act, at Police Station Banga, District S.B.S.Nagar. The co-accused of the petitioner was found to be in possession of 500 gms. of smack. Learned counsel for the petitioner contended that he was not apprehended from the spot and was arrested on the statement of the co-accused and that apart the contraband was recovered from the inner wear of the co-accused. On the other hand, learned counsel for the State contended Crl.Misc.No.M-21104 of 2009 (O&M) -2- that the petitioner is involved in NDPS Act case and does not deserve the concession of bail. To a pointed question as to whether he is involved in any other case, learned counsel for the State on instructions from HC Jasveer Singh stated that he is not involved in any other case. After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be succeeded for the reason that the petitioner was not apprehended from the spot and the contraband was recovered from the co-accused. Consequently, the petition is accepted and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Nawan Shahr. Nothing said herein shall be construed to be an expression of opinion on the merits of the case. 11.9.2009 (MAHESH GROVER) JUDGE dss