Crl. Misc. No. M-30455 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-30455 of 2011 Date of Decision : October 05, 2011 Mithu Singh .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. A. K. Khunger, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Mithu Singh has filed this petition for regular bail in case FIR No.46 dated 27.04.2011, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (in short – the NDPS Act), registered at Police Station Sadar, Bathinda. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, 350 kilograms of poppy husk contained in ten bags was recovered from Bolero Car, in which the petitioner was travelling along with three other persons. Crl. Misc. No. M-30455 of 2011 2 Counsel for the petitioner contended that the petitioner had only taken lift in the vehicle. However, this contention cannot be accepted at this stage in the absence of any material on record to substantiate the same. It was also contended that ten bags of poppy husk cannot be accommodated in Bolero Car with four persons also sitting in it on the front seat. This contention also prima facie cannot be accepted at this stage because Bolero Car is not such a small vehicle. According to the prosecution version, commercial quantity of poppy husk was recovered from the petitioner and his co-accused. Consequently, in view of Section 37 of the NDPS Act, the petitioner is not entitled to concession of bail as at this stage, it cannot be said that the petitioner is not guilty of the offence or that he is not likely to commit any offence while on bail. Dismissed, without meaning to express any opinion on merits of the case. October 05, 2011 ( L. N. MITTAL ) monika JUDGE