Crl. Misc. No. M-1308 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1308 of 2010 (O&M) Date of decision: February 17, 2010 Asha Ram and another ...Petitioners Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Harbhagwan Singh, Senior Advocate with Mr. Amit Kumar, Advocate, for the petitioners. Mr. PS Batta, Addl. AG, Haryana. GURDEV SINGH, J. Heard. This petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 46 dated 30.1.2009 registered at Police Station Samalkha, District Panipat, under Sections 15 of the NDPS Act, has been filed by the petitioners/accused, Asha Ram and Bijender Singh. The present FIR pertains to the recovery of 380 kgs. of poppy husk from one vehicle bearing registration No. HR 20B 2685, which was intercepted by the police party, while it was holding a Nakabandi (picketing). One Nek Chand was found driving that vehicle and the FIR was registered only against that accused. Subsequently, on disclosure statement of the accused before the police, the present petitioners were also arrayed as accused. It is debatable if such disclosure statement of the co-accused is admissible in evidence or not. No poppy husk was recovered from the Crl. Misc. No. M-1308 of 2010 2 possession of these petitioners. They are coming in custody since 31.1.2009. According to the State counsel, challan has already been presented in the Court, yet the conclusion of the trial will take sometime. Keeping in view the nature of accusation against the petitioners and without expressing any opinion on the merits of the case, this application is allowed. The petitioners shall be admitted to bail to the satisfaction of the Judge, Special Court, Panipat. February 17, 2010 (GURDEV SINGH ) prem JUDGE