Crl. Misc. No. M-3393 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-3393 of 2011 (O&M) Date of decision : 24.2.2011 Kamaljit Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. H.S. Rakhra, Advocate for the petitioner. Ms. RK Nihalsinghwala, Sr. DAG, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 15/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Garhshankar, District Hoshiarpur, vide FIR No.145 dated 15th September, 2010. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case. He submits that in fact, petitioner had made a complaint, Annexure P-1 against ASI Balwinder Kumar on 31st August, 2010 to Senior Superintendent of Police, Hoshiarpur. On 15th September, 2010 she was implicated in the instant case. Thus, the petitioner is entitled to concession of bail. Learned State counsel has vehemently opposed the prayer. He has referred to affidavit dated 19.2.2011 of Harpreet Singh Mander, Deputy Superintendent of Police, Garhshankar, District Hoshiarpur and Crl. Misc. No. M-3393 of 2011 submits that petitioner was found in possession of 50 Kgs of poppy husk. According to him, she was sitting on the scooter and there were two bags tied with string thereon. According to him, there is no truth in the allegation that petitioner has been falsely implicated in the case. Learned counsel has submitted that petitioner is also involved in another cases of similar nature. In fact, her whole family has number of cases against them under the NDPS Act, list whereof has been given in the affidavit. I have heard learned counsel for the parties and given careful thought to the facts of the case. It is evident that allegation against the petitioner is that on 15th September, 2010, she was apprehended while in possession of 50 Kgs. of poppy husk. After completing the necessary formalities the petitioner was sent up to face trial. In view of the quantity of contraband recovered and stand of the investigating agency that petitioner is involved in another case of similar nature, FIR No.246 dated 19.9.2005, registered in Police Station Garhshankar), I am of the considered view that she is not entitled to concession of bail. The petition is devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE 24.2.2011 'rajpal'