IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M-35062 of 2010 Date of decision: 13.1.2011 Malkit Singh …Petitioner Versus State of Punjab …Respondent Present: Mr Narinder Singh, Advocate for the petitioner. Mr VPS Sidhu, AAG Punjab. S.S.SARON, J. Heard counsel for the petitioner. The petitioner seeks regular bail in a case registered against him for the offences under Sections 15, 25 and 60 of the NDPS Act (Act – for short); registered against him on 17.11.2009 at PS Machhiwara, District Ludhiana. The FIR in the case has been registered on the basis of a memo sent by Rajesh Kumar, SI SHO PS Machhiwara, who along with other Police officials was in a government vehicle bearing No. PB 10BU 1253. The Police party had set up a check-post at the chowk (crossing) of village Machhiwara. During checking, one red-coloured Scorpio vehicle bearing Regn No. PB 10BS 9879 was seen coming from the side of village Garhibet at about 9.30 a.m. The vehicle was signaled to stop. Out of the said vehicle, three persons got down and one of them with short cut hair, whose name was Raman Kumar @ Sherry and was known to Rajesh Kumar, SI SHO, ran away from the spot after opening the back door of the Scorpio Cr Misc M- 35062 of 2010 2 towards the fields. HC Darshan Lal and HC Pardeep Kumar chased him. Rajesh Kumar, SI SHO along with his companions asked the other two persons about their names and parentage. The driver disclosed his name as Parminder Singh @ Tidda while the person sitting by his side disclosed his name as Malkit Singh Sekhon (petitioner). The occupants were informed by Rajesh Kumar SI SHO that he was suspecting some contraband in the vehicle and that a search was to be conducted. On the asking of the occupants, they desired their search to be conducted in the presence of a DSP. Their consent memos were prepared and DSP Samrala was informed through wireless. DSP Ravinder Luba came at the spot at about 11.30 a.m. and the search of the vehicle was carried out. From the Scorpio vehicle, two white bags were recovered from the middle seat. They were found to contain poppy husk which in all weighed 56 kgs. The petitioner and the driver of the vehicle namely Parminder Singh @ Tidda were arrested at the spot. Since then, the petitioner is in custody. The prosecution has cited 9 PWs in the case; however, none has been examined till date. The co- accused of the petitioner who is said to have run away from the spot, has been allowed pre-arrest bail by this Court vide order passed in Cr Misc M- 1343 of 2010. Learned counsel for the State on instructions from HC Harnek Singh of PS Machhiwara, submits that there is no other case registered against the petitioner for the offence under the Act. Keeping in view the fact that the petitioner is in custody since 17.11.2009 and no prosecution witness has been examined till date; besides, he is not involved in any other case, it would be just and expedient to extend the concession of bail to him. Cr Misc M- 35062 of 2010 3 Accordingly, this petition is allowed and the petitioner, on his furnishing personal bond and surety to the satisfaction of learned CJM Ludhiana, shall be admitted to bail. 13.1.2011 ( S.S.SARON ) ASR Judge