IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M-36500 of 2010 Date of decision: 2.2.2011 Amrik Singh …Petitioner Versus State of Punjab …Respondent Present: Mr BS Bhalla, Advocate for the petitioner. Mr VPS Sidhu, AAG Punjab. S.S.SARON, J. Heard counsel for the parties. The petitioner, who is a deliveryman of M/s Sanket Pharmaceuticals Medicine Traders at Chheharta, Police District Tarn Taran, seeks regular bail in a case registered against him for the offence under Section 22 of the NDPS Act. The FIR in the case has been registered on the basis of a Ruqa (memo) submitted by ASI Anokh Singh. The said ASI along with other Police officials was present near the bridge of a drain near gate Khara, Amritsar Road, Tarn Taran. They were checking the vehicles. One person came on a silver colour Hero Honda scooter make Activa from Amritsar side. He had a bag tied on his back. On seeing the checking of vehicles, he turned his scooter towards right side and went on the road leading to village Khara but the engine of the scooter stopped. He was apprehended and he disclosed his name as Amrik Singh Amrika (petitioner). On search of the bag, 100 strips of Spasmo Proxyvon and 8 capsules in each strip total 800, Cr Misc M- 36500 of 2010 2 20 packets of Pyremol Spams and 100 capsules in each packet, total 2000, tables of Sudhimol 50 packets and 100/100 tablets in each packet, total 5000 intoxicant tables, 48 plastic bottles of 100 ml of Rexcof, were recovered. The petitioner did not produce any bill/slip of the doctor or license. The contraband was taken into possession after making a parcel. The scooter being driven by the petitioner, it was stated by him, belonged to him but the RC was in the name of Kamaljit Singh. The petitioner by keeping the medicines in his possession, it is alleged, has committed an offence under Section 22 of the NDPS Act. Learned counsel for the petitioner has submitted that the petitioner in fact was apprehended from the shop itself. The bill of purchase of the medicines along with license was also produced before the Police. However, the same were not adverted to. A copy of the bill dated 14.5.2010 (P3) has been placed on record. Besides, it is submitted that the petitioner is only a deliveryman of M/s Sanket Pharmaceuticals Medicine Traders and in this regard, Manmohan Singh ASI of PS City Tarn Taran has submitted a report dated 10.10.2010 (P4). In response, learned counsel for the State has submitted that the petitioner is the accused in the case and the contraband was recovered from his possession. It is submitted that the prosecution has cited 8 PWs and out of them only one has been examined so far; besides three have been given up and four remain to be examined. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is in custody since 26.5.2010. The trial in the case is likely to take time. Further custody of the petitioner is not required for the purposes of investigation. It is to be determined by the trial Court whether the petitioner can be said to be in conscious possession of the Cr Misc M- 36500 of 2010 3 contraband recovered from him. The petitioner has placed on record the license (P1) in favour of M/s Sanket Pharmaceuticals Medicine Traders showing the authority to store the drugs that have been recovered. These aspects, however, are to be considered and gone into by the trial Court. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of learned CJM, Tarn Taran, shall be admitted to bail. This petition stands disposed of. 2.2.2011 ( S.S.SARON ) ASR Judge