IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36707 of 2009 Date of decision : 10.3.2010 Gurdev Singh …. Petitioner Versus State of Punjab …. Respondent Present: Mr. Kuldeep V. Singh, Advocate for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offence under Section 15 of the NDPS Act. The FIR in the case has been registered on the basis of memo sent by ASI Jaswant Singh, CIA Staff, Mansa on 25.5.2009. It is alleged by ASI Jaswant Singh that he along with other police officials were patrolling in search of suspicious person in a Government vehicle. When the police party reached near the canal bridge Jawarka, then one Major Singh met the police party and requested for lift up to village Boha. He was allowed to sit in the vehicle. Thereafter, the police party reached near Dara Mandi in the revenue limits of village Malko. There a white colour Maruti car was seen on the right side of Dara Mandi. There were four occupants in the car. After seeing the police party, two persons out of four ran Crl. Misc. No. M-36707 of 2009 [2] away and the other two were apprehended. One person who had run away was identified by Constable Pal Singh as Gurdev Singh (petitioner). Jaswant Singh, ASI then asked the name and address from the person who was sitting on the driver seat and he gave his name as Rajvinder Singh @ Raju. The second person who was sitting on the rear seat of the car gave out his name as Jugraj Singh @ Raju. On the asking of ASI Jaswant Singh about the names and addresses of the other two persons who had fled, the persons who were apprehended informed ASI Jaswant Singh that the names of the persons who had fled away were Gurdev Singh (petitioner) and Bajrangi. On search of the car, two bags lying in the middle of the rear seat with the mouth of the bags open were found. Poppyhusk was recovered from the bags. The two bags weighed 35 kgs each. The mouth of the bags was tied with a rope by Jaswant Singh ASI; besides, samples were taken. Learned counsel for the petitioner has contended that the petitioner was not apprehended at the spot and his name is allegedly disclosed by his co-accused. It is submitted that the identification of the petitioner by Constable Pal Singh is absolutely inconsequential as the petitioner has no concern with said Constable Pal Singh. Besides, it is not mentioned as to in what capacity Constable Pal Singh identified the petitioner. It is also submitted that the petitioner has no concern with the other accused namely Rajvinder Singh @ Raju, driver of the car and Jugraj Singh @ Raju, the persons sitting on the rear seat of the car. It is submitted that in any case Rajvinder Singh @ Raju and Jugraj Singh @ Raju have been granted the concession of Crl. Misc. No. M-36707 of 2009 [3] bail by the learned trial Court as the challan was not filed within time. The petitioner is in custody since 30.5.2009. In response, learned State counsel has submitted that the petitioner is also involved in case FIR No.86 dated 12.9.2008 registered at Police Station Jhunir District Mansa for the offence under Section 18 of the NDPS Act. In the said case, though the petitioner has been granted bail, however, according to the learned counsel it would show that the petitioner has the propensity to commit such crimes. Therefore, according to the learned State counsel, the petitioner is not entitled to the concession of bail. I have given my thoughtful consideration to the matter. The recovery effected in the present case is of commercial quantity. Besides, petitioner is also involved in case FIR No.86 dated 12.9.2008 registered at Police Station Jhunir District Mansa for the offence under Section 18 of the NDPS Act. Therefore, it cannot be said that while on bail, the petitioner is not likely to commit any offence which is the satisfaction which is to be reached at by the Court in terms of the provisions of Section 37(1)(b)(ii) of the NDPS Act. Besides, the petitioner was identified by Constable Pal Singh when he fled. Constable Pal Singh was a member of the Police party headed by ASI Jaswant Singh, and as to in what capacity, he identified the accused is a matter which is to be considered by the learned trial Court, if raised, after evidence has been led. Keeping in view the fact that the petitioner is involved in another case, on account of which it cannot be said that while on bail he would not indulge in similar activities, no ground for bail is made out. Crl. Misc. No. M-36707 of 2009 [4] Accordingly, the Crl. Misc. petition is dismissed. However, keeping in view the fact that the petitioner is in custody since 30.5.2009, it is hoped that the learned trial Court would take effective steps to conclude the trial as expeditiously as possible. (S.S. SARON) JUDGE March 10, 2010 amit