In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 33258 of 2010 (O&M) Date of decision: 6.12.2010 Avtar Singh @ Tari ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Gaurav Sharma, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** 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. 78 dated 6.7.2010, under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Khuian Sarwar District Ferozepur. Learned counsel for the petitioner has submitted that the petitioner was not apprehended at the spot. The petitioner has been falsely involved in this case merely because he is the owner of the vehicle in question. The petitioner is in custody since 9.9.2010. Learned State counsel, on the other hand, has opposed the petition. On a query put by this Court, learned State counsel, on instructions from ASI Kartar Singh, has submitted that the petitioner Criminal Misc. No.M- 33258 of 2010 (O&M) -2- is not involved in any other criminal case. Keeping in view the fact that the petitioner was not apprehended at the spot and now is in custody since 9.9.2010, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Ferozepur. (SABINA) JUDGE December 06, 2010 a