Crl. Misc. No.M-4539 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-4539 of 2010 Date of Decision: 26.08.2010 Dharampal ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. H.S. Rakhra, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 439 Cr.P.C for grant of regular bail to the petitioner in case FIR No.236 dated 09.10.2009 for an offence under Sections 25/15/61/85 of the NDPS Act and 473 IPC registered at Police Station Sadar, Rajpura, District Patiala. It is contended by learned counsel for the petitioner that the petitioner was not arrested on the spot, thus, he was not found in conscious possession. Learned counsel for the parties have been heard. Reliance has been placed on the judgment of this Court rendered in the case of Gurnam Singh @ Gamma vs. State of Haryana reported as 2000(1) All India Criminal Law Reporter 853. However, each Crl. Misc. No.M-4539 of 2010 2 case is on the basis of its own facts. It is pointed out that there are five other cases pending against the present petitioner, out of which, four cases are under the NDPS Act and one case is under the Gambling Act. The argument that the petitioner is not involved, is a question of evidence. As of now, the car belongs to the sister-in-law of the co-accused. The same has been recovered. Recovery is of five bags of poppy husk is also effected from the car. The co-accused has specifically stated that the petitioner was with him. Even in the FIR, it is stated that there were two persons in the said car. The petitioner is stated to be driving the said car. No ground for bail is made out. Dismissed. (NIRMALJIT KAUR) 26.08.2010 JUDGE gurpreet