IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 26413 of 2010 Date of decision: 16.12.2010 Jujhar Singh @ Jajj ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.PS Hundal, Sr.Advocate with Mr.Dinesh Trehan, Advocate for the petitioner Ms.Bhavna Gupta, DAG, Punjab *** Ram Chand Gupta, J.(Oral) The present petition has been filed by petitioner Jujhar Singh @ Jajj under Section 439 Cr.P.C. seeking regular bail in case FIR No. 22 dated 1.8.2010 registered under Sections 21 of NDPS Act at Police Station Kartarpur, District Jalandhar. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner that he has been continuing in custody since 1.8.2010. Further contends that no recovery has been effected from the petitioner and that he has been implicated in this case merely on this ground that he was driving the car, in which co-accused were also travelling. Further contends that he had driven the car on asking of co-accused Amir Singh, who was known to him and that it was not in his knowledge as to whether co-accused were carrying any contraband articles in their possession. Further contends that recovery has CRM No.M 26413 of 2010 -2- been effected from personal search of Amir Singh and Gurdev Singh co- accused. It is also contended that the packets of heroin were concealed by the co-accused in their body as per the prosecution version and the same were not visible. Further contends that it cannot be said that merely on the ground that he was driving the vehicle, he was having any knowledge of possession of contraband by co-accused. Further contends that even the car does not belong to the petitioner and that the same belongs to one Daler Singh. These facts have not been disputed by learned counsel for the respondent-State. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on merits, the instant petition for regular bail filed on behalf of petitioner Jujhar Singh @ Jajj is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Jalandhar. December 16, 2010 (RAM CHAND GUPTA) gsv JUDGE