CRM No. M-28110 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-28110 of 2009 Date of decision: 22.10.2009 Gurtej Singh @ Sonu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. PKS Phoolka, Advocate, for the petitioner. 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 Section 15/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Rampura, District Bathinda, vide FIR No.75 dated 28th June, 2007. The allegation in the FIR is that 38 bags of poppy husk, each containing 35 Kgs thereof, were recovered from the possession of the petitioner on 28th June, 2008. Learned counsel for the petitioner has argued that the petitioner had only taken a lift from the driver of the truck in which the contraband was being transported. According to the counsel, the petitioner was not aware of the contraband being carried by the said truck. In view of this, the petitioner is entitled to be released on bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. CRM No. M-28110 of 2009 2 It appears that truck was intercepted by the police on 28th June, 2008. The driver stopped the truck and was able to flee from there. The petitioner and co-accused were nabbed at the spot. The truck was searched. It was found to be carrying 38 bags of poppy husk, each containing 35 Kgs thereof. Resultantly, the instant case was registered. The argument of the counsel for the petitioner that the petitioner was merely a passenger on the truck, is not relevant at this stage. This stand is certainly in the nature of defence, which cannot be taken at the stage of seeking regular bail. In view of the heavy quantity of contraband recovered, Section 37 of the Narcotic Drugs and Psychotropic Substances Act would be attracted. Thus, no ground for bail is made out. The petition is hereby dismissed. (RAJAN GUPTA) JUDGE October 22, 2009 'rajpal'