In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-36499 of 2010 (O&M) Date of decision: 14.12.2010 Bal Krishan @ Bala ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Surinder Sharma, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 122 dated 30.8.2010, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Division No.5 Jalandhar. The contents of the FIR, as reproduced in para 1 of the petition, read as under:- “ Sir Today I SI along with HC Surjit Singh 2446, HC Surinder Pal 3233, HC Buvnesh Kumar 1904, HC Pavittar Singh 884 were on Special Naka in Dal Dal Chowk. One secrete information received that Bal Krishan @ Bala son of Vijay Kumar resident of WO 119 Lashri Mohalla Basti Dhnishmandan is doing the work of selling drugs capsule Criminal Misc. No.M-36499 of 2010 (O&M) -2- and tablets. Today he is going from his house for supplying drugs capsules and tablets if raid is conducted now in large quantity drugs capsules and Tablets can be recovered. For that I SI along with police party went to his house for raid in Mohlala Lasari, when police party reach in the street and from front side we saw one young man is coming who was having a one plastic bag on his back side after seen the police party he try to turn back side I SI along with the help of associate police party caught him and asked his name and address and he told his name Bal Krishan @ Bala son of Vijay Kumar cast Ravi Dasia resident of WO 119 Lasuri Mohalla Basti Dhnishmandan Jalandhar. I SI told him that I have doubt that you are having a contraband, you have right that you can don his search from some Gazetted Officer or from Magistrate because this is your legal right. He told that I have faith on me and you can search me. Consent memo was prepared the bag which was in the possession of Bal Krishan was open in which 5 PASMO-PROXYVON 5040 capsules recovered from which one packet (24 Capsules was taken for samples and 912 capsules of PROXYVON were recovered from which one packet (24 capsules) were taken being samples and 800 capsules of PARVON Criminal Misc. No.M-36499 of 2010 (O&M) -3- SPAS were recovered from which one packet (10 tablets) being samples were taken and 240 tablets of ENPAM were recovered from which one packet (10 tablets) being samples were taken and 770 tablets ALPRAZOLAM-0.5 were recovered from which one packet (10 tablets) being sample were taken and 1900 tablets of MOMOLIT were recovered from which one packet (100 tablets) were taken being samples and 3400 tablets of WOKTIL were recovered from which one packet (100 tablets) were taken being samples and 70 tablets of REXCOF were recovered from which one boatel was taken being a sample. The Tharma drugs tablets and capsules REXCOF 8 samples and other samples and made parcel of case property and seal with SS and prepare a samples from No.29 and after seal samples were handed over to HC SS Surjit Singh 8 samples and 8 parcels of case property were taken in police custody through memo. At the time of search public witness was try to associate but no one ready to associate. Bal Krishan @ Bala son of Vijay Kumar could not produced any bills or license regarding above drugs capsules and tablets. Bal Krishan has committed a offence u/s 22-61-85 NDPS by having in possession of Total 6752 drugs capsules and total 6310 drugs tablets and 70 REXCOF bottles. “ Criminal Misc. No.M-36499 of 2010 (O&M) -4- Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case as the police is inimical towards him. No independent witness was joined at the time of the alleged recovery. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be dismissed. Commercial quantity of the contraband has been recovered from the petitioner. The fact that the independent witness was not joined at the time of recovery would more appropriately be gone into and considered during trial. Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to the petitioner is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE December 14, 2010 anita