In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 34271 of 2008 Date of Decision:February 17, 2009 Satnam Singh ---Petitioner versus Assistant Commissioner (A.S.), Customs (Prevention), Commissionerate, Amritsar. ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Vikram K. Chaudhari,Advocate, for the petitioner Mr.D.D.Sharma,Advocate, for the respondent. *** SABINA, J. Satnam Singh-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of regular bail in a complaint case titled as “Assistant Commissioner (A.S.)Customs (Prevention) Commissionerate, Amritsar vs. Kuldeep Singh and others” under Section 23, 29 & 30 of the Narcotic Drugs and Phsychotropic Substances Act, 1985 read with Section 489-A, 489-B & 489-C of the Indian Penal Code, Sections 25/54/59 of Arms Act, 1959 and Section 135 of the Customs Act, 1962 pending in the Court of Special Judge, Amritsar. Learned counsel for the petitioner has submitted that the Crl. Misc. No. M- 34271 of 2008 -2- petitioner was in custody since 23.12.2007. Earlier, FIR No. 302 dated 23.12.2007 under Sections 411, 414 of the Indian Penal Code, 25/54/59 of the Arms Act, Sections 18 of the NDPS Act and Section 3 of the Official Secret Act were registered at Police Station Patti. Vide order dated 18.2.2008 (Annexure P-2), Additional Sessions Judge, Tarn Taran had granted regular bail to the petitioner. Petitioner was apprehended on 23.12.2007 and since then he is in police custody. Petitioner and his co- accused were alleged to have made confession that they had smuggled more than 10 kgs. of heroin, 10 lakhs fake currency notes, 05 mousers and 30 live cartridges However, heroin and fake currency notes were not recovered from the petitioner or his co-accused. Thereafter, the present complaint was filed on the same allegation regarding which petitioner was allowed bail in FIR, mentioned above. Learned counsel for respondent has opposed the bail application on the ground that offence committed by the petitioner is serious in nature. Vide order dated 18.2.2008 (Annexure P-2), petitioner and his co accused- Kuldeep Singh were allowed bail in FIR No. 302 dated 23.12.2007. Co-accused -Manoj Kumar @ Lovely has been allowed regular bail by this Court vide order dated 26.5.2008 (Annexure P-3) in the complaint, in question. Petitioner is in custody since 23.12.2007. No recovery of heroin or fake currency notes were effected from the petitioner or his co- accused. Without expressing any opinion on the merits of the case and keeping view the above mentioned facts this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Crl. Misc. No. M- 34271 of 2008 -3- Magistrate, Amritsar. Petitioner shall deposit his passport and other travel documents in the Court and shall not leave the country without prior permission of the Court. (SABINA) JUDGE February 17, 2009 PARAMJIT