IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-35262 of 2011 Date of decision : December 21, 2011 Darshan Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr.BS Bath, Advocate for Mr. SS Gill, Advocate, for the petitioner Mr. RS Rawat, Assistant Advocate General, Punjab L.N. Mittal, J. (Oral) Accused Darshan Singh has filed this petition for bail in case FIR No. 55 dated 2.3.2011 under section 18 of NDPS Act, registered at Police Station Patran, District Patiala. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, three kilograms opium was recovered from the bag of petitioner's co-accused Vinod Kumar who was driving motorcycle on which the petitioner was pillion rider. Counsel for the petitioner contended that even according to the prosecution version, no contraband substance was recovered from the petitioner who is in custody since 2.3.2011 i.e. for more than 9½ months. Learned State counsel, on instructions from HC Rajbir Singh, Criminal Misc. No. M-35262 of 2011 -2- conceded that no contraband substance was recovered from the petitioner but contended that contraband substance was recovered from the bag of petitioner's co-accused and both of them were riding same motorcycle. Without meaning to express any opinion on merits, but keeping in view the fact that contraband opium was recovered from the bag which the petitioner's co-accused was carrying on his back and no substance was recovered from the petitioner, in my considered opinion, the petitioner deserves the concession of bail. Accordingly, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Patiala. ( L.N. Mittal ) December 21, 2011 Judge 'dalbir'