Crl.M.No.M-25762 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-25762 of 2010 (O&M) Date of Decision: September 7, 2010 Kuldeep Singh alias Deepu .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.B.S.Malik, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.45956 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-25762 of 2010 The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.173, dated 24.3.2010, under Sections 15/25 of the NDPS Act, registered at Police Station Sadar Patiala, District Patiala. I have heard learned counsel for the petitioner and have gone through the whole record carefully. Brief allegations against the petitioner-accused are that there was a secret information with the police that petitioner alongwith co- accused was indulging in transportation of poppy husk from Rajasthan to the Dakala area of Patiala District, while using Innova Car bearing No.HR 55D 8959. Name of the petitioner is mentioned in the FIR. On the basis of the said secret information, a naka was laid and innova car bearing No.HR 55D 8959 was intercepted. Accused was one of the occupant of the said car from which eight bags, each containing 35 kg of poppy husk, were recovered. Petitioner-accused was apprehended at the spot. It has been contended by learned counsel for the petitioner that he has been continuing in custody since 24.3.2010 and that though challan has been filed, however, no witness has been examined so far. Crl.M.No.M-25762 of 2010 (O&M) -2- However, the recovery from the petitioner is a commercial one. Petitioner was apprehended at the spot. Hence, in view of the bar created under Section 37 of the NDPS Act, petitioner is not entitled for bail. Hence, in view of these facts and without expressing any opinion on the merits of the case the present petition filed by petitioner- Kuldeep Singh alias Deepu for grant of bail is dismissed being devoid of any merit. 7.9.2010 (Ram Chand Gupta) meenu Judge