IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-18083 of 2009 Date of decision : August 19, 2009 Vijay Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. P.S. Sekhon, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Vijay Kumar has filed this petition for bail in case FIR No. 12 dated 23.1.2009 under section 18 of NDPS Act, Police Station Sadar Ferozepur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioner was driving a Tavera vehicle No. RJ-07-TA-0373. On the rear seat of the said vehicle, petitioner's co-accused Bhim Sain and Prem Sagar were travelling. The said vehicle was intercepted by the police party. On personal search of Bhim Sain and Prem Sagar, opium weighing 2.500 kgs each was recovered from their waist cloth. No opium or other contraband substance was recovered from the petitioner or from the vehicle. Criminal Misc. No. M-18083 of 2009 -2- Learned counsel for the petitioner vehemently contended that the petitioner was not in possession of the contraband opium. It was recovered from his co-accused Bhim Sain and Prem Sagar on their personal search. It is contended that the petitioner was not in possession of the said contraband opium or any other contraband substance. Without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ferozepur. ( L.N. Mittal ) August 19, 2009 Judge 'dalbir'