Criminal Misc. No. M-15819 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15819 of 2011 Date of decision: 30.05.2011 Gurwinder Singh @ Harwinder Singh Rimple ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Hemender Goswami, Advocate for the petitioner. Rajan Gupta, J. This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under section 15 of the NDPS Act vide FIR No. 234 dated 02.09.2010 at police station City Khanna District Ludhiana. Learned counsel for the petitioner submitted that petitioner was merely sitting in the truck and was thus not in conscious possession of contraband. He submits that petitioner is entitled to concession of bail during the pendency of trial. Heard. The truck which was apprehended was owned by father of the petitioner. At the time of recovery, petitioner was present in the truck from which 60 kgs of poppy husk was recovered. Under the circumstances, section 37 of the Act would be attracted to the facts of the instant case. It Criminal Misc. No. M-15819 of 2011 2 appears that petitioner had earlier preferred a similar petition which was dismissed on February 03, 2011 by a detailed order. The present petition thus appears to be totally frivolous and the same is hereby dismissed. 30.05.2011 (RAJAN GUPTA) AJAY JUDGE