Criminal Misc. No. M-16029 of 2009 (O&M) -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-16029 of 2009 (O&M) Date of Decision:18.09.2009 Vinod Padikal and another .....Petitioners Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Kunal Siag, Advocate for the petitioners. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Vinod Padikal as well as Parmod Kumar under Section 439 of Cr.P.C seeking their regular bail in case FIR No.5 dated 3.3.2009 registered under Sections 21/25/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the Act') at Police Station S/SNC/PB, Amritsar. The facts in brief are that on 3.3.2009, on the information of special informer, the Investigating Officer along with co-officials after arresting and effecting the recovery of 2 Kg. of heroin from the possession of accused Nirvair Singh and Harchand Singh alias Jhanda Singh in the presence and on the instructions of PPS/DSP/SNC/PB/ASR got registered the above said (present) case. During the investigation, the accused disclosed that above said heroin was to be handed over to the above said accused (referring to the petitioners). On 10.3.2009, on the information of special informer, the petitioners were arrested and produced in the Court. Criminal Misc. No. M-16029 of 2009 (O&M) -2 I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioners has submitted with a good deal of force that the petitioners had been taken up from the Bus Stand of Amritsar where they were waiting for the bus to go to Jammu for their business purposes. He further puts that no recovery has been effected from these petitioners, and that being so, they may be admitted to bail. As against this, the learned State Counsel maintained that as a matter of fact, the petitioners are the smugglers. Nirvair Singh and Harchand Singh alias Jhanda Singh were to hand over the heroin recovered from their possession to the petitioners. I have well considered the rival contentions. It is the specific case of the prosecution that Nirvair Singh and Harchand Singh alias Jhanda Singh had suffered a disclosure statement in the terms that the recovered heroin was to be handed over by them to the petitioners. If the petitioners are admitted to bail, they may abscond or tamper with the prosecution evidence. Thus, keeping in view the seriousness of allegations, I do not deem it a fit case to admit bail to the petitioners. Consequently, the present petition is dismissed. September 18, 2009 ( HARBANS LAL ) renu JUDGE