Crl. Misc. No.M-8970 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-8970 of 2009 Date of decision:08.07.2009. Satnam Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Naresh Gopal Sharma, Advocate, for the petitioner. Mr. Yash Pal Malik, A.A.G, Haryana, for the respondent – State. ***** AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner submits that the petitioner was not apprehended from the spot. He submits that as per the allegations, which have been made in the FIR, a vehicle was found coming from the Karnal side and on seeing the police party ahead, the Driver of the vehicle started to try and turn the vehicle so that they could move out, but they could not succeed and the Driver and two persons sitting with him succeeded to run away by opening the door of the vehicle. One person, who was sitting in the middle seat of the vehicle, was apprehended at the spot and was found to be Satnam Singh @ Gaggi son of Mita Singh. It is on his statement that the petitioner was nominated as one of the persons who were occupants of the vehicle. On search of the vehicle, 10 bags were recovered which contained 20 Kgs. poppy husk each, meaning thereby that 200 Kgs. of poppy husk was being carried in the vehicle Crl. Misc. No.M-8970 of 2009 -2- of which one of the occupants, as per the statement of Satnam Singh @ Gaggi, was the petitioner. Counsel for the petitioner further submits that in the presence of the police officials, the petitioner could not have run away from the spot. He further submits that the petitioner has been wrongly involved in the case and, therefore, cannot be connected with the crime in any manner. He was not apprehended at the spot, but was arrested on 15.10.2008 from his house. On the other hand, counsel for the State submits that not only what has been stated in the above FIR contents whereof has been noted, additional 20 Kgs. of poppy husk was recovered from the petitioner on his disclosure statement. He submits that firstly the quantity of poppy husk which has been recovered was 200 Kgs. and would fall within the definition of commercial quantity and subsequently additional 20 Kgs. of poppy husk has been recovered on the disclosure statement of the petitioner. He, on this basis, submits that the petitioner should not be granted the concession of bail. I have heard the counsel for the parties and have gone through the records of the case. Keeping in view the recovery which has been made from the vehicle of which one of the occupants is alleged to be the petitioner and further apart from that, 20 Kgs. of poppy husk has been got recovered by the petitioner on his disclosure statement, no case for grant of bail is made out. The present petition, therefore, stands dismissed. July 08, 2009. ( AUGUSTINE GEORGE MASIH) vinod JUDGE