Crl. Misc. No.M-19435 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-19435 of 2010 Date of decision: 10.02.2011 Shinder Pal Singh .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.C.L. Verma, Advocate, for the petitioner. Mr.V.P.S. Sidhu, AA.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 18.02.2010 for the offence under Section 15 of the NDPS Act at Police Station Rajpura City, District Patiala. The FIR, in the case, has been registered on the basis of information sent by ASI Hari Singh by way of memo to the Police Station stating that he (ASI Hari Singh) along with other police officials were on patrol duty in a private vehicle. They had set up a check-post near octroi No.4, Ambala Road, Rajpura. During checking, at about 4.00 p.m., a silver colour car bearing No.PB-10CQ-1897 came from Ambala side and it was signalled to stop for checking. The driver of the car stopped the car about 15 karams before the checking point. However, there were occupants in the car. On the rear seat of the car, a young person was sitting, who disclosed his name as Prem Singh (non-petitioner). The person who was driving the car disclosed his name as Shinder Pal Singh (petitioner). On the rear seat and front seat on left side two jute bags were lying. The car Crl. Misc. No.M-19435 of 2010 ::2:: was checked and one jute bag was lying in the boot of the car. Hari Singh ASI had a doubt as regards the contents of jute bags as there may be intoxicant material. A search of the bag was carried out after completing the necessary formalities. The jute bags were found to contain about 100 Kgs. of poppy husk which was seized by the police. Samples of poppy husk were taken which were duly sealed with the seal bearing impression “HS”. Sample seal was separately prepared. Seal after use was given to HC Surjit Singh. The silver colour Indica car was taken in possession. Learned counsel for the petitioner has submitted that the petitioner is not the owner of the car and he is only the driver. Therefore, it is submitted that it cannot be said that he was in conscious possession of the contra-band that has been recovered; besides, it has been submitted that the petitioner is in custody since last one year and the prosecution has examined only three witnesses in all and one witness in examination-in-chief out of ten witnesses cited by it. In response, learned counsel for the State has submitted that the trial in the case is going on. The petitioner was apprehended with 100 Kgs. of poppy husk; besides, the search was carried out in the presence of an independent witness namely Om Parkash, who is to be examined. After giving my thoughtful consideration to the matter, it may be noticed that recovery in the case has been effected in the presence of an independent witness namely Om Parkash. He has signed the recovery memo dated 18.02.2010; besides, the allegations in the FIR are that the petitioner was driving the silver Indica car which is owned by his brother. The poppy husk was lying on the front seat of the left side and also on the rear seat; besides in the boot of the car. The question whether the petitioner can be said to be in conscious possession of the same is Crl. Misc. No.M-19435 of 2010 ::3:: though to be gone into by the trial Court after evidence is led but in case the poppy husk was lying on the front seat of the left side of the driver-seat, the petitioner cannot at this stage be said to be unaware of the contraband lying there. The trial in the case is going on and out of ten prosecution witnesses cited by the prosecution, three witnesses have been examined in complete and one witness has been examined-in-chief. The case before the learned trial Court is fixed for evidence on 17.02.2011. In the facts and circumstances, no ground for grant of concession of bail to the petitioner is made out. The criminal miscellaneous petition is accordingly dismissed. It is, however, hoped that the learned trial Court would conclude the trial in the case expeditiously. (S.S. SARON) February 10, 2011 JUDGE sukhpreet