Crl. Misc. No. M-25292 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 25292 of 2010 (O&M) Date of Decision: October 4, 2010 Buta Singh ........Petitioner Versus The State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. B.S. Kathuria, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.80 dated 28.5.2008, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act'), registered at Police Station Sidhwan Bet, District Ludhiana (Rural). The allegation against the petitioner is that he was travelling in Tata 709 at the time alleged recovery. However, the vehicle was stopped at some distance by the police party and all the persons sitting in the vehicle managed to escape. Thereafter, 25 bags of poppy husk were recovered from the Tata 709 bearing No. PB-10Z-9781. Learned counsel for the petitioner has submitted that the petitioner is in custody since 21.2.2009 and was not arrested at the spot. Learned State counsel, on the other hand, has submitted that the Crl. Misc. No. M-25292 of 2010 (O&M) 2 petitioner is also involved in another case under the Act and FIR No.6 of 2009 was registered against the petitioner under Section 18 of the Act at Police Station Ahmedgarh. Keeping in view the fact that the alleged recovery in the present case is within the purview of commercial quantity and moreover the petitioner is also involved in another case under the Act, no ground for grant of bail to the petitioner is made out. Dismissed. (SABINA) October 4, 2010 JUDGE Anand