CRM-M- No. 8679 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- No. 8679 of 2011 (O&M) Date of Decision : May 19, 2011 Ram Niwas ...... Petitioner Versus State of Punjab ...... Respondent **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. S.P.S. Sidhu, Advocate, for the petitioner. Ms. Bhawana Gupta, DAG, Punjab. **** Alok Singh, J (Oral) This is an application seeking bail in FIR No.5 dated 8.1.2004, under Section 15/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Ghagga, District Patiala. Learned counsel for the petitioner has vehemently argued that nothing was recovered from the possession/person/custody of the petitioner. He has stated that petitioner was arrested on the basis of disclosure statements made by co-accused Naresh and Sukhvir, who have allegedly confessed before the police that they were transporting the contraband on the instructions of Ram Niwas, present petitioner. Mr. Sidhu while placing reliance on the judgment of the Hon’ble Apex court in the matter of Union CRM-M- No. 8679 of 2011 (O&M) 2 of India vs. Bal Mukund and others reported in 2009 (2) RCR (Criminal) 574 has argued that an accused cannot be convicted on the basis of confession of co-accused; maker of confession may be bound thereby but not those who had been implicated therein. He has further stated that petitioner is in judicial custody w.e.f. 22.12.2010. Considering totality of the facts and circumstances of the case, the present petition is directed to be allowed. Let petitioner be released on bail to the satisfaction of the Trial Court. (Alok Singh) Judge May 19, 2011 Anand