IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-27923 of 2009 Date of decision : November 09, 2009 Mohinder Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. BS Bhalla, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Mohinder Singh has filed this petition for bail in case FIR No. 161 dated 16.8.2009 under sections 22, 61, 85 of NDPS Act, Police Station Baghapurana, District Moga. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner was driving a truck which was intercepted by the police party and on search 1,20,000 tablets of momolit were recovered. Learned counsel for the petitioner vehemently contended that the consignment of the aforesaid tablets was sent by Sanjay Medicos, Ludhiana to Malout and the petitioner was simply carrying the same in the truck as driver. Reference in this behalf has been made to invoice Criminal Misc. No. M-27923 of 2009 -2- dated 13.8.2009 Annexure P/1 issued by Sanjay Medicos, affidavit Annexure P/5 of Sanjay Kumar of M/s Sanjay Medicos. Reference has also been made to goods receipt Annexure P/2, challan Annexure P/3 and certificate Annexure P/4 of the transporter. Learned State counsel, on instructions from ASI Suraj Pal Singh, stated that neither transporter nor Sanjay Kumar of Sanjay Medicos who admitted having sent the consignment has been arrayed as accused. In view of the aforesaid but without commenting anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Moga. ( L.N. Mittal ) November 09, 2009 Judge 'dalbir'