IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13390 of 2009 Date of decision : 18.9. 2009 Jasbir Singh @ Khamba ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.D.S.Pheruman, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab for the State. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.8 dated 17.3.2009 under Sections 18, 29, 61, 85 of NDPS Act, at Police Station Sultanwind (Special Narcotics Cell), District Amritsar. The allegations against the petitioner are that he was driving a motorcycle while another person by the name of Jasbir Singh @ Jassi was sitting on the pillion with a bag which contained 2.5 Kgs. of opium. Learned counsel for the petitioner contended that no recovery was effected from the petitioner and merely because he was Crl.Misc.No.M-13390 of 2009 -2- driving the motorcycle he cannot be attributed the possession of contraband which was being carried by the pillion rider. On the other hand, learned counsel for the State contended that the offence against the petitioner is that he was ferrying the contraband on the motorcycle. After hearing the learned counsel for the parties and on perusal of the material placed before this court, I am of the considered opinion that the present petition deserves to be allowed for the reason that the recovery was not effected from the petitioner. Consequently, the petition is allowed and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Amritsar. Nothing said herein shall be construed to be expression of opinion on the merits of the case. 18.9.2009 (MAHESH GROVER) JUDGE dss