IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32189 of 2010 Date of decision: 08.12.2010 Gurdial Singh …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Anurag Arora, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 4.1.2010 for the offences under Sections 15 of the NDPS Act. The FIR in the case has been registered on the statement of Inspector Sarbjit Singh. It is alleged by Inspector Sarbjit Singh that he along with other police officials were in a government vehicle bearing registration No.PB-12 G-7076 driven by HC Sukhdev Singh and another vehicle No.PB-05-4679 driven by HC Kuldeep Kumar. They were checking suspected persons and patrolling on the G.T. Road leading from Makhu to Kot-Ise-Khan to the link road towards village Chamba. When the police party was 3-4 killas ahead from the link road at village Chamba and had reached near the area of village Peer Mohmd, an alto car bearing No.PB29-E-2586 was seen coming from the front Crl. Misc. No. M-32189 of 2010 [2] side which was signalled to stop by Inspector Sarbjit Singh and along with the help of co-officials the car was stopped and the name of the driver was asked, who disclosed his name as Gurdial Singh (petitioner). Inspector Sarbjit Singh informed the petitioner his name and rank and also apprised him that he had a suspicion that he was carrying intoxicants. The petitioner was asked that the car was to be checked, but the petitioner was apprised that he had a right to get himself checked in his presence or Gazetted officer or Magistrate. On this the petitioner gave his consent to check the car from a Gazetted Officer and in this regard a consent memo was filed by the petitioner. Accordingly, Sh. Raghbir Singh, Deputy Superintendent of Police (Detective), Ferozepur was requested to reach the spot. Sh. Raghbir Singh, Deputy Superintendent of Police (Detective), Ferozepur came at the spot and checked the Alto car. On checking of the car, 5 gunny bags of poppy husk were found on the rear seat which were tied with rope. Two-two samples of 250/250 gms from each gunny bag were taken and on weighing, the gunny bags were found to contain 30 kgs of poppy husk in each. In this manner, in all 150 Kgs of poppy husk was recovered from the possession of the petitioner. The petitioner is in custody since 4.1.2010. The challan in the case has been filed. The prosecution has cited 8 PWs. However, none has been examined till date. The case before the learned trial Court, it is stated, was fixed for today. However, no witness was examined even today. Crl. Misc. No. M-32189 of 2010 [3] Learned State counsel has submitted that there is no other case registered against the petitioner. In the facts and circumstances, the case against the petitioner is to be established by leading evidence. The petitioner has been in custody for the last 11 months and the trial in the case has not made any progress. Besides, there is no other case registered against the petitioner. In the circumstances, the petitioner it can be said is unlikely to indulge in trading of Narcotics and Psychotropic Substances while on bail. Keeping in view the afore-noticed facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur shall be admitted to bail. (S.S. SARON) JUDGE December 08, 2010 amit