IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-3797 of 2009 Date of Decision: April 16, 2009 Swaran Singh .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Kamal Jeet Singh Sidhu, Advocate, for the petitioner. Mr. Sunil Nehra, Assistant Advocate General, Haryana . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No.162 dated 19.8.2003, under Section 15 of Narcotics Drugs & Psychotropic Substances Act, 1985, with Police Station, Sadar Dabwali, District Sirsa. Learned counsel for the petitioner has pointed out that no recovery was effected from the petitioner. As per the admitted case of the respondent, the petitioner was not apprehended at the spot. There is a statement of the co-accused against the petitioner which cannot be termed as legal evidence as it leads to no recovery. The Crl. Misc. No. M-3796 of 2009 [2] petitioner on his own surrendered on 9.6.2008 and has been in custody since then. Learned counsel for the respondent- State has pointed out that the petitioner was identified by his co-accused. Only one witness remains to be examined i.e. Lambardar. I have considered the contentions of learned counsel for the parties. Statement of the Lambardar recorded under Section 161 Cr.P.C. has been read in Court which indicates that the Lambardar did not know the petitioner by name. Only the physical appearance has been given out. The petitioner has been in custody since 9.6.2008. Without commenting on the merits of the case, this petition is allowed. Bail to the satisfaction of the Trial Court. Heavy surety. (AJAI LAMBA) April 16, 2009 JUDGE avin