IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.13287 -M of 2010 DATE OF DECISION : MAY 07, 2010 TEHAL CHAND ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. DS Pheruman, Advocate, for the petitioner(s). AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, has been filed for bail in case FIR No.28 dated 13.3.2010 under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, read with Sections 406 and 409, Indian Penal Code, Police Station, Chhehrta, District Amritsar. On consideration of totality of facts and circumstances, I find that the petitioner was Incharge of judicial Malkhana where narcotic substances were stored. The petitioner was entrusted with the dominion over the said substances. The police received a secret information that Tehal Chand (petitioner) had links with smugglers, who dealt in Heroin. The Heroin Criminal Misc. No.13287 -M of 2010 2 deposited in the Malkhana was being supplied to the smugglers. One such consignment had been supplied to Surjit Singh alias Sukha. Surjit Singh alias Sukha was apprehended from whom 500 grams of Heroin was recovered. On interrogation, Surjit Singh alias Sukha conveyed to the police that Heroin had been given by the petitioner. It further transpires that the police had deposited Heroin as case property in case FIR No.5 of 2009, Police Station, Ghariala, which consisted of 13 parcels. The parcels were weighed and different quantities were found less, as per report dated 26.3.2010. Considering the totality of facts and circumstances of the case, I find no ground to allow bail to the petitioner under Section 438, Code of Criminal Procedure, in view of the gravity of the offence. In such circumstances, maximum leverage is required to be given to the Investigating Agency to interrogate the accused in police custody so as to cull out the true facts. The petition is, accordingly, dismissed. May 07, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? Whether the judgment should be reported in the Digest?