In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 31190 of 2010(O&M) Date of Decision: December 16, 2010 Shiv Dayal ---Petitioner versus State of Punjab ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Kuldeep V.Singh, Advocate, for the petitioner *** GURDEV SINGH, J. Heard. The petitioner-accused, Shiv Dayal, has filed this petition under Section 439 (1) of the Code of Criminal Procedure for grant of regular bail in FIR 10 dated 8.2.2009 registered under Section 15 of the N.D. & P.S.Act, 1985, in Police Station Ghanour, District Patiala. He has contended therein that he has been falsely implicated in this case due to party faction in the village. There is violation of mandatory provisions of Section 100(4) Cr.P.C. No witness from the locality was joined before conducting the raid. As per the contests of the FIR, a raid was conducted at the house of the accused, after secret information was received to the effect that he was indulging in storing and selling of poppy husk. During that raid, poppy husk was recovered, which was found to be commercial quantity. It was submitted by counsel for the petitioner that the Crl. Misc. No. M- 31190 of 2010(O&M) -2- Investigating Agency had not collected any evidence regarding the ownership of the house from where the poppy husk is alleged to have been recovered and as such, it cannot be held that the petitioner was in possession thereof. The report of the Judge, Special Court was called if any such evidence was collected during the investigation regarding the ownership or possession of the house from where poppy husk is alleged to have been recovered. It has been reported that such evidence was collected during the investigation. From that evidence, it is very much clear that the poppy husk was recovered from the possession of the accused. There is nothing on the record to conclude that there are reasonable grounds for believing that the petitioner did not commit the offence under Section 15 of the said Act or that he will not commit such like offence in case he is released on bail. Therefore, he cannot be released on bail. The petition is dismissed accordingly. (GURDEV SINGH) JUDGE December 16, 2010 PARAMJIT