IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 33803 of 2008 Date of Decision:- 17.3.2009 Rekha Rani Versus State of Punjab Present:- Mr. Ritesh Pandey, Advocate, for the petitioner. Ms. Rajni Gupta, DAG, Punjab. M.M.S.BEDI. (J) (Oral) Petitioner along with her husband and another person was allegedly apprehended while going on a scooter on 8.9.2007. 5 Kg Charas was allegedly recovered from the dickey of the scooter, which was being driven by Des Raj, her husband. Learned State counsel has opposed the application for bail on the ground that petitioner is involved in similar three-four cases. Learned counsel for the petitioner has informed that all those cases were registered after the petitioner has filed a complaint against police officials before the Punjab State Human Rights Commission in year 2003 alleging that the police officials had been threatening her to involve in false criminal cases. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner is a female; recovery has not been effected in presence of female police official under provisions of Section 50 (4) of the NDPS Act; it will be a debatable point to be decided at the time of final adjudication whether the petitioner can be deemed to be in possession of contraband, which was recovered from a scooter, which was being driven by her husband; her knowledge about contraband will also required to be Crl. Misc. No. M- 33803 of 2008 -2- established during trial; she has been in custody since 9.9.2007. Though a period of more than one and a half year has elapsed, but no witness stand examined. On the basis of totality of all the above circumstances, petitioner can be granted the concession of bail. Petition is allowed. It is ordered that petitioner will be released on bail to the satisfaction of the trial Court. However, a condition is imposed, that in case the petitioner is found to be indulging in similar activity, it will be open to the prosecution to seek cancellation of bail, granted to her. March 17, 2009 (M.M.S.Bedi) tripti Judge