IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. 5248 of 2009 (O&M) Date of decision : 26.03.2009 Inderjit Singh and Bahadur Singh ....Petitioners V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Amardeep Singh Gill, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) Prayer in this petition is for the grant of regular bail to the petitioner No. 1 in case FIR No. 173 dated 16.10.2008, registered under Sections 15, 61 and 85 of NDPS Act at police station Nurmahal, District Jalandhar. Counsel for the petitioners submits that the petitioner No. 1 was not present at the spot at the time of alleged recovery. According to him, he was apprehended on 29.10.2008. Counsel thus, submits that presence of the petitioner No. 1 at the time of occurrence is highly doubtful. Learned counsel for the State has however, opposed the bail application of the petitioner No. 1 on the ground that as per the investigation, petitioner No. 1 was present at the time when one Ford tractor trolley with contraband was intercepted by the police. He, however, escaped on seeing the police party. According to the counsel, recovery alleged is of 15 bags of poppy husk, each containing 20 kgs thereof. It being a commercial quantity Section 37 of the NDPS Act is attracted to this Crl. Misc No. 5248 of 2009 (O&M) -2- case. Learned counsel has also submitted that petitioner No. 1 is involved in number of other cases i.e four under the NDPS Act and 12 under the Excise Act. According to the counsel, petitioner No. 1 has also been convicted in some other cases. In the facts and circumstances of the case, I find no ground for grant of bail to petitioner No. 1 and the same is dismissed as such. Bail application of petitioner No. 2 was dismissed as withdrawn on 25.02.2009. 26.03.2009 (RAJAN GUPTA) Ajay JUDGE