IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-31882 of 2010 Date of decision: 08.12.2010 Sourav @ Monu Sharma …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Satnam Singh Gill, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 06.7.2008 for the offence under Section 15 of the NDPS Act. The FIR in the case has been registered on the basis of memo sent by ASI Sucha Singh to the Police Station Ghanaur for registration of FIR. The FIR is against unknown persons who were travelling in an Innova car bearing No.HR26-AP-0069. ASI Sucha Singh along with other police officials were present at canal bridge ahead of Gurudwara Nathana Sahib in village Jand Mangholi in connection with patrolling. An Innova car was seen coming from the rear side of Gurudwara which was signalled to stop by ASI Sucha Singh. The driver of the Innova car drove the car at a high speed inspite of it being signalled to stop and he managed Crl. Misc. No. M-31882 of 2010 [2] to run away with the car from the spot. The number of the Innova car was noted and four persons were seen sitting in it. The Innova car was chased and the car crossed villages Jand Magholi, Ufmar, Raipur, Radhapur and turned towards village Meerpur. At the phirni (circular road) of village Radhapur, Arjan Singh met the police party who was apprised of the incident and was associated with the police party and the Innova car was chased. The car was found parked on the right side of Kacha phirni (unmettled circular road) of Government School of village Manjarpur. The four persons who were in the Innova car had run away. Sucha Singh ASI tried his best to search them in the village but due to rain, they had managed to escape. On search of Innova car, six bags of poppy husk each weighing 30 kgs were recovered. The petitioner was admittedly not arrested from the spot, but later it was disclosed by Jaint Sandhu that one Rakesh Ruhil was the registered owner of the vehicle and he had gone to America. Jaint Sandhu was the holding power of attorney from the registered owner. He disclosed that Sourav @ Monu Sharma (petitioner) was the driver of the Innova car. According to the learned counsel for the petitioner, there is nothing to show that the petitioner was working was as a driver and he has been apprehended on 12.3.2010 in respect of the incident that occurred on 6.7.2008. The petitioner is in custody since 12.3.2010. Learned State counsel has submitted that there is no other case registered against the petitioner. In the Crl. Misc. No. M-31882 of 2010 [3] circumstances, it is to be established as to whether the petitioner was indeed driver of the Innova car and was involved in the incident that occurred on 6.7.2008. Besides, there being no other case against him, it can be said that while on bail he is unlikely to commit an offence under the NDPS Act. In the afore-noticed facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Patiala shall be admitted to bail. (S.S. SARON) JUDGE December 08, 2010 amit