In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-34918 of 2010 (O&M) Date of decision: 1.12.2010 Ajay Kumar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sapan Dhir, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 116 dated 30.7.2010, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Rama Mandi, Jalandhar. The contents of the FIR (Annexure P-1) read as under:- “that today I SI along with HC Surjeet Singh 2446, HC Surinder Pal 3233, HC Pavitra Singh 884 were present near Shiv Mandir, Village Barida for nakabandi, we saw a young person coming from village Barida on Scooter carrying ration whom I indicated to stop but who immediately tried to make around turn and was stopped by me with the help of fellow employees and was asked for his name who told his name as Ajay Kumar son of Sohan Lal gotra Kanjojia r/o H.No.58 Mohalla No.22 Cant. Criminal Misc. No.M-34918 of 2010 (O&M) -2- I asked him that I have suspicion of him having some intoxicated substance and you have every right to get checked/investigated by any gazetted officer or Magistrate or by me upon which he said that he has full confidence in you and you can check me upon which a consent memo was prepared and before stating checking, public was requested to join investigation as witness but nobody was ready to become a witness upon which I SI actually checked above said Ajay Kumar upon which on the hook of scooter No. PB-08-AD-6372 LML Vespa marka found a black polythene bag of intoxicated capsules of spasmo proxyvon out of which 1 strip of 24 spasmo Proxyvon was taken out Separatchy as smple and rest of the capsules were conuted and were to be 59 strip x 24 capsules of spasmo proxyvon. The confiscated capsules were put in that bag and a parcel was made. The panels of sample capsule and rest of the capsules were sealed with SS words after sealing were handed over to HC Surjit Singh. Both the panels were given to police custody through farad. Scooter bearing No.PB- 08-AD-6372 Vespa LML was also taken into custody by same found but farad was done by witnesses because abovesaid Ajay Kumar has not shown any bill or licence on the spot. Therefore, Ajay Kumar has committed crime Criminal Misc. No.M-34918 of 2010 (O&M) -3- u/s 22-61-85 of NDPS Act by having possession of 1440 spasmo proxyvon capsules. Sample seal was separately prepared. During investigation Ajay Kumar tried to run away who fell down due to lath blow who get injured due to fell down and HC Surjit Singh and HC Surindedr Singh also get trivial injuries. Ruqa was sent through HC Pavitra Singh after making any entry. The case No. should be known after making an entry, special reports be issued. Control room should be informed vide/ by telephone. I the investigation officer, SD.Angrej Saravjit Singh I/C AM cell dated 30.7.2010. Today in the jurisdiction of village Barinda village at 6.30 pm at police station regarding aforesaid case and crime information was entered and get registered.” After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. The petitioner was found in possession of commercial quantity of the contraband. Accordingly, this petition is dismissed. (SABINA) JUDGE December 01, 2010