IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Misc. No.M-29951 of 2011 Date of Decision: 22.11.2011 Sukhdev Singh alias Sukha ….Petitioner Versus State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Harbhajan Singh Dhandi, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. *** M.M.S. BEDI, J. (ORAL) Though in view of the recovery of 170 kilograms of poppy husk from the petitioner and his co-accused, the law does not permit the release of the petitioner on bail in view of the provisions of Section 37 of the NDPS Act, but the circumstance that the petitioner was not actually apprehended on the spot may entitle the petitioner to be released on bail. The petitioner has been in custody since 06.06.2011. The identity of the petitioner and he being in exclusive physical possession would be a debatable point during trial. Taking into consideration the period of detention suffered by the petitioner, he can be granted concession of bail. Without expressing any opinion on the merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds/surety bonds, to the satisfaction of the trial Court. 22.11.2011 (M.M.S. Bedi) vcgarg JUDGE - subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. the fact that he has been in judicial custody with effect from 10.06.2009, it is ordered that in case Meena Rani, complainant is not examined within a period of next five months, it will be open to the petitioner to approach this Court for the grant of regular bail. Prosecution is directed to make earnest endeavour to produce Meena Rani in the Court within above Crl. Misc. No.M-14893 of 2010 -2- mentioned period. Disposed of. Taking into facts and circumstances of the case that they are not involved in any other case and coupled with the facts and circumstances of their co- accused having been granted bail, they can be released on bail. The petition is allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court, subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. -