IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-11184 of 2010 Date of Decision: April 22, 2010 Channan Singh @ Channa .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. G.S. Sandhu, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.338 dated 5.10.2009 under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, registered with Police Station, Samana. Learned counsel contends that co-accused, Balvir Kaur has been allowed bail. Case of the petitioner would be at par, in so much as, both were apprehended together. Crl. Misc. No. M-11184 of 2010 [2] I have considered the contentions of learned counsel. Contraband viz. 90 kgs of poppy husk, has been recovered from the house of petitioner, Chanan Singh @ Channa. Balvir Kaur is not related to Chanan Singh @ Channa and was found to be merely present in the house. Other fact that has been taken into account in the context of case of Balvir Kaur is that she has three minor children (2 daughters and 1 son). It would be a moot point to be considered whether Balvir Kaur was in conscious possession of the contraband or not. So far as the case of the petitioner is concerned, since it is the house of the petitioner from where contraband has been recovered, argument in regard to parity with the case of Balvir Kaur is not available to the petitioner. In view of the above, no ground for bail under Section 439 is made out. The petition is dismissed. (AJAI LAMBA) April 22, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?