IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-25311 of 2011 Date of decision : December 08, 2011 Ajay Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. PS Khurana, Advocate, for the petitioner Mr. RS Rawat, Assistant Advocate General, Punjab L.N. Mittal, J. (Oral) By this common order, I am disposing of two petitions i.e. Criminal Misc. No. M-25311 of 2011 filed by accused Ajay Kumar and Criminal Misc. No. M-30314 of 2011 filed by accused Jagtar Singh, both seeking bail in case FIR No. 88 dated 28.6.2011 under section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act), Police Station Kurali, District SAS Nagar, Mohali. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on receipt of secret information, petitioner accused Jagtar Singh was intercepted while driving Tavera vehicle. From the possession of petitioner Jagtar Singh Rex Cough 1200 bottles, 40000 tablets Phenotill, 10000 tablets of Momolit, 8000 Criminal Misc. No. M-25311 of 2011 -2- capsules of Parvon Spas, 6912 capsules of Spasmo Proxyvon were recovered. Jagtar Singh on interrogation disclosed that he was carrying the same on behalf of Ajay Kumar accused. Learned counsel for petitioner Ajay Kumar contended that there is no evidence against him and the recovery of contraband substances was not made from him. Learned counsel for petitioner Jagtar Singh contended that the petitioner is in custody since 28.6.2011 and even challan has not been presented. Learned State counsel, on instructions from ASI Som Nath, stated that there is no other evidence against Ajay Kumar except statement made by Jagtar Singh. I have carefully considered the rival contentions. In so far as Ajay Kumar is concerned, since no recovery of contraband substances was made from him, he deserves the concession of bail. However, as regards Jagtar Singh, since commercial quantity of contraband psychotropic substances was recovered from him, he cannot be extended the concession of bail in view of section 37 of the Act. As regard non presentation of challan, period of 180 days has not yet expired and therefore, he cannot be granted bail under proviso to section 167(2) Cr.P.C. read with section 36 of the Act. In view of the aforesaid, but without meaning to express any opinion on merits of the case, Criminal Misc. No. M-25311 of 2011 filed by Ajay Kumar is allowed. Bail to him to the satisfaction of learned Chief Criminal Misc. No. M-25311 of 2011 -3- Judicial Magistrate/Duty Magistrate, Ropar. However, Criminal Misc. No. M-30314 of 2011 filed by Jagtar Singh is dismissed. ( L.N. Mittal ) December 08, 2011 Judge 'dalbir'