CRM No. M-18406 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-18406 of 2009 (O&M) Date of decision: 20.8.2009 Harmel Singh @ Bunty ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. Mr. P.S. Bajwa, DAG, Punjab. Rajan Gupta, J. The petitioner has preferred this petition for regular bail in a case registered against him under Section 15/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”) at Police Station Sadar, Nabha, District Patiala, vide FIR No.16 dated 20th February, 2008. Learned counsel for the petitioner submits that the petitioner is entitled to bail on the ground that statutory provisions contained in the Act were not complied with. The petitioner was not caught on the spot and thus no inference can be drawn against him. According to the counsel, the petitioner was arrested almost eight months after the occurrence, which shows that he has been falsely implicated. Learned counsel for the State has, however, opposed the CRM No. M-18406 of 2009 2 prayer for bail on the ground that Section 37 of the Act is attracted to the case as recovery is more than 70 Kgs of poppy husk. He has further submitted that if enlarged on bail, the possibility of the petitioner absconding from the process of law cannot be ruled out. I have heard learned counsel for the parties and given careful thought to the facts of the case. Earlier bail application preferred by the petitioner was dismissed by this court by a detailed order on January 22, 2009. No new ground for grant of bail has been agitated. The contraband alleged to have been recovered in the case is 71 Kgs of poppy husk, which is a commercial quantity. The same attracts Section 37 of the Act. I find no force in the argument of the counsel that the petitioner has been falsely implicated in the case. There is nothing on record at this stage to indicate anything in that direction. Rest of the pleas raised by the counsel can only be gone into at the stage of trial. I, thus, do not find it a fit case to enlarge the petitioner on bail. The petition is hereby dismissed being devoid of merit. (RAJAN GUPTA) JUDGE August 20, 2009 'rajpal'