In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-6132 of 2010 ..... Date of decision:21.5.2010 Mohammad Rafiq alias Bheeka .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. S.S. Gill, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... (2) Criminal Misc. No.M-11469 of 2010 ..... Parveen Kumar .....Petitioner v. State of Punjab .....Respondent .... Present: Mrs. G.K. Mann, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. This order will dispose of Criminal Misc. No.M-6132 of 2010 filed by Mohammad Rafiq alias Bheeka and Criminal Misc. No.M-11469 of 2010 filed by Parveen Kumar. Cr. Misc. Nos.M-6132 of 2010 etc. [2] The respective petitioners in the two petitions seek regular bail in case FIR No.138 dated 28.7.2009 registered at Police Station Sadar, Ludhiana for the offence under Section 15 of the NDPS Act. The FIR in the case has been registered on the basis of memo sent by ASI Karnail Singh, Police Station Sadar, Ludhiana. ASI Karnail Singh along with other Police officials were on patrol duty in a private vehicle in the area and were present at Paddi Colony, Aura Turning, Village Jassarh. In the meantime, two persons were seen coming on a motorcycle towards Adda Colony. ASI Karnail Singh signalled them with a torch light to stop. On seeing the Police party they suddenly turned towards village, however, they were apprehended and a search was carried. In between both the riders one heavy gunny bag was lying from which a smell of some intoxicant material was emitted. It was searched and found to contain poppy husk weighing 55 Kgs. The petitioners were arrested on 28.2.2009 itself and since then they are in custody. During trial of the case, no witness has been recorded till date. The prosecution is to examine 11 witnesses. Therefore, trial in the case is likely to take time. The daughter of Mohammad Rafiq (petitioner in Criminal Misc. No.M-6132 of 2010), namely, Parveen, it is submitted, is suffering from cancer. A reference has been made to the medical reports (Annexures-P.3 to P.5) in this regard. Learned counsel for the State was asked to verify whether these pertain to the daughter of the petitioner. It is submitted that statement of Maghar Singh, Sarpanch, resident of Albelpura, Police Station Ahmedgarh, District Sangrur and statement of Sardar Ali, Panch, resident of Village Albelpura Ahmedgarh have been recorded in which it is mentioned that Cr. Misc. Nos.M-6132 of 2010 etc. [3] these pertain to the daughter of Mohammad Rafiq (petitioner in Criminal Misc. No.M-6132 of 2010) who is a patient of cancer. He further states that a case FIR No.155 dated 22.9.2009 has been registered at Police Station Sadar, Ludhiana for the offences under Sections 379, 411, 420, 468 and 471 IPC against Parveen Kumar (petitioner in Criminal Misc. No.M-11469 of 2010). However, the said case is in respect of the motorcycle only which was recovered at the time of incident. No other case, it is stated, is pending against any of the petitioners. The allegations are to be established. The case is based only on the statement of official witnesses. The trial in the case has not progressed so far. The petitioners while on bail are not likely to commit offence as they are not shown to be habitual towards such crimes. In the circumstances, the petitioners on their furnishing personal bonds and surety each to the satisfaction of learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail. The criminal miscellaneous petitions stand disposed of. May 21, 2010. (S.S. Saron) Judge *hsp*