Criminal Misc.-M No. 9076 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 9076 of 2011(O&M) Date of Decision: 21.11.2011 Jatinder Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashok Giri, Advocate for the petitioner. Mr. B.B.S. Teji, Senior Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of regular bail to the petitioner pending trial in FIR No. 387 dated 23.11.2010 registered under Section 15 of the NDPS Act at Police Station Samana, District Patiala. Learned counsel for the petitioner submitted that the petitioner was not arrested from the spot. Though in the FIR, it is alleged that six po- lice personnel were present at the spot where the car, in which the peti- tioner was traveling, was intercepted. The alleged recovery from the car is stated to be 64 kilograms of poppy husk. The car is not owned by the peti- tioner. He is in custody since 24.12.2010. He further submitted that SI Ajaib Singh is, in fact, in the habit of implicating innocent people in false cases. On the other hand learned counsel for the State, on instructions from Head Constable Didar Singh, submitted that besides the case in ques- tion, the petitioner is involved in one another case, in which 10 grams of smack was found from his possession. Ajaib Singh is stated to be under suspension as some enquiry is pending against him. He further submitted Criminal Misc.-M No. 9076 of 2011 2 that as alleged recovery from the petitioner is in commercial quantity, he does not deserve concession of regular bail pending trial. After hearing learned counsel for the parties and considering the fact that the petitioner was not arrested from the spot; the car in which the petitioner was traveling and from which 64 kilograms of poppy husk was recovered is not owned by the petitioner and further SI Ajaib Singh- complainant in the present case is an accused in one FIR registered against him for implicating innocent people by lodging false cases, in my opinion, the petitioner deserves the concession of bail pending trial. He is directed to be released on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala. The petition stands disposed of. (RAJESH BINDAL) JUDGE 21.11.2011 sharmila