IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-35692 of 2010 DATE OF DECISION: March 10, 2011 Kuldeep Singh …..Petitioner versus State of Haryana .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.P.S. Sullar, Advocate for the petitioner Mr.Vikas Malik, AAG, Haryana .. RAJAN GUPTA, J.: This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under sections 15,8,29,25,27-A and 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No.324 dated 3.9.2010 at police station Shahabad, District Kurukshetra. Learned counsel for the petitioner contends that petitioner has been implicated only on the basis of disclosure statement of co-accused and his own confessional statement. The same being inadmissible in evidence, the petitioner deserves the concession of bail. Learned State counsel seeks to place on record affidavit dated 21.2.2011 of Dayal Chand, Sub Inspector, Special Task Force, Ambala Range, Ambala Cantt. The prayer is allowed and affidavit is taken on record. Crl.Misc.No.M-35692 of 2010 - 2 – Learned State counsel has, however, opposed the prayer for bail. He submits that there is evidence on record to show that petitioner alongwith co-accused brought 14 quintals of poppy husk from Rajasthan and transported the same to Haryana. He being intimately involved in the commission of crime, does not deserve the concession of bail. He has also referred to aforesaid affidavit dated 21.2.2011 of SI-Dayal Chand in support of his contentions. I have heard learned counsel for the parties. On a secret information received by the police on 3.9.2010, poppy husk weighing 4.5 quintals was recovered from accused Anoop Kumar, Rinku, Mahender Singh, Deepak @ Kala and Ranbir @ Kala. The instant FIR was thus, registered under section 15 of the Act. In their disclosure statements dated 4.9.2010, they revealed that petitioner used to smuggle poppy husk alongwith them and they had jointly brought poppy husk from Rajasthan in July-2010 in truck bearing No.RJ14-IG-1965. Resultantly, bailable warrants of the petitioner were issued on 15.11.2010 and on 19.11.2010 he was produced before SI-Dayal Chand. The petitioner thereafter made a disclosure statement that he alongwith others had brought 14 kgs. poppy husk from Rajasthan to share the proceeds thereof. In view of nature of allegations, evidence on record which shows involvement of the petitioner and the fact that contraband recovered is commercial in nature, I am of the considered view that petitioner is not entitled Crl.Misc.No.M-35692 of 2010 - 3 – to concession of bail. The petition is devoid of merit and is hereby dismissed. March 10, 2011 ( RAJAN GUPTA ) pc JUDGE