Crl.M. No. M-26946 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-26946 of 2010 (O&M) Date of decision : 5.5.2011 ... Amarpreet Singh ................Petitioner vs. State of Punjab .................Respondent 2) Crl.M. No. M-923 of 2011 (O&M) ... Kulwinder Kaur ................Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Anmol Rattan Sidhu, Senior Advocate with Sh. Parminder Singh-I, Advocate for the petitioner (in Crl. M. No. M-26946 of 2010) Sh. S.P.S. Sidhu, Advocate for the petitioner (in Crl. M. No. M-923 of 2011). Sh. Amandeep Singh Rai, Assistant Advocate General, Punjab. ... K.C. Puri, J. Vide this order, I intend to dispose of Crl. M. Nos. M-26946 of 2010 and M-923 of 2011, as both the petitions arise out of same FIR. Amarpreet Singh and Kulwinder Kaur – petitioners have Crl.M. No. M-26946 of 2010 -2- applied for grant of regular bail in FIR No. 94 dated 13.7.2010, under Sections 18/25/29/61/85 of NDPS Act, registered at Police Station Ghall Khurd, District Ferozepur. As per allegation of the prosecution, Bhupinder Singh alongwith applicant - Amarpreet Singh, his son, applicant - Kulwinder Kaur, his wife and one another lady Ramandeep Kaur w/o Jaspal Singh were travelling in vehicle No. PB-05 K-1089. The said vehicle was being driven by Bhupinder Singh. As per the prosecution story, 4 kgs of opium was recovered from the front seat of the vehicle from a Jhola (bag). Ramandeep Kaur was declared innocent and was placed in column No.2 and she has been granted bail by this Court. Learned counsel for the petitioners have submitted that whole of the family has been roped into. The conscious possession of Kulwinder Kaur and Amarpreet Singh is not proved. It is further contended that Amarpreet Singh is a student and his date of birth is 31.12.1988. He owns 209 kanals of agricultural land. It is further submitted that there is no previous history of the petitioners in respect of recovery of any contraband from them. The petitioners are in custody since 13.7.2010. Learned State counsel has opposed the bail application and has submitted that recovery of contraband itself is sufficient to conclude the fate of the petitioners. In view of Section 37 of the NDPS Act, they are not entitled to the concession of bail. I have considered the submissions made by counsel for both the sides and have also gone through the record of the case. Crl.M. No. M-26946 of 2010 -3- Ramandeep Kaur, the occupant of the vehicle has been declared innocent by the prosecution itself. Kulwinder Kaur was sitting besides her seat and Amarpreet Singh has passed Diploma from Frankfinn Institute of Air Hostess Training on 8.6.2009. The family was travelling in the vehicle. The culpability of both the applicants regarding possession of contraband can be adjudged during the course of trial. Similarly situated accused Ramandeep Kaur has been allowed concession of bail by this Court. The petitioners are in custody since 13.7.2010. So, without commenting on the merits of the case, both the petitions stands accepted. Both the applicants are ordered to be released on bail to the satisfaction of the trial Court. ( K.C. Puri ) 5.5.2011 Judge chugh