IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-21934 of 2009 Date of Decision: February 08, 2010 Dharam Singh @ Dharma .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rahul Chhatwal, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for bail in case FIR No.74 dated 21.6.2008 under Section 15 of the Narcotics Drugs & Psychotropic Substances Act, 1985 registered with Police Station, Sadar, Moga. Learned counsel for the petitioner contends that the petitioner has been in custody for the last 1½ year. The petitioner is neither the driver nor owner of the vehicle which was carrying the contraband, although of commercial Crl. Misc. No. M-21934 of 2009 [2] quantity. The petitioner was only sitting behind the driver. Learned counsel for the respondent- State, on instructions from Bhupinder Singh, Head Constable, contends that five of the witnesses have been examined. S. Bhula Singh, Deputy Superintendent of Police, Moga is required to be examined. The said witness met with an accident and therefore could not appear. He shall give the statement/ evidence on 12.1.2010. It has further been contended that the petitioner is involved in three other cases. Considering the fact that recovery is of commercial quantity; substantial evidence has already been recorded; it would be for the Trial Court to consider conscious dominion of the petitioner over the contraband, the petition is dismissed. (AJAI LAMBA) February 08, 2010 JUDGE avin