Crl. Misc. No.M-10154 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-10154 of 2011 Date of Decision: August 3, 2011 Gurcharan Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ashok Giri, Advocate for the petitioner. Mr. K.S. Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) The petitioner alongwith two others was allegedly found riding two scooters and one motorcycle carrying jute bags on May 15, 2008. On seeing the police party, they abandoned their vehicles and fled away from the spot. Five bags containing poppy husk totaling weighing 175 kg were recovered. The petitioner has been connected with the offence on the basis of a scooter which was allegedly owned by him. Crl. Misc. No.M-10154 of 2011 [2] Counsel for the petitioner submits that the petitioner was arrested in this case on January 6, 2011 after a period of about 3 years of the occurrence. State counsel has opposed the petition for bail on the ground that the petitioner had been declared a proclaimed offender. After hearing counsel for the petitioner and State counsel it is apparent that the petitioner was not arrested from the spot and it will be certainly a debatable point during the course of trial whether on the basis of the evidence collected regarding ownership of the scooter he can be said to be in actual physical and conscious possession of the contraband. The petitioner has been in custody for the last more than seven months. The trial is likely to take a long time. Without expression of any opinion regarding validity of the proceedings declaring the petitioner as proclaimed offender, this petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trail Court subject to the additional condition that the petitioner will not commit the similar offence of which he is accused of. August 3, 2011 (M.M.S.BEDI) sanjay JUDGE