Crl. Rev.No. 443 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev.No. 443 of 2011 (O&M) Date of Decision: February 22, 2011 Jujhar Singh ................................................................. Petitioner Versus State of Punjab .......................................................... Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. P.S.Hundal, Sr. Advocate with Mr.. Dinesh Trehan, Advocate for the petitioner. ... Ritu Bahri,J. Challenge in this revision is to the order dated 17.11.2010 by which charge has been framed against the petitioner to face trial in FIR No. 99 dated 1.8.2010 under Section 21 of the NDPS Act registered at Police Station Kartarpur, Distt. Jalandhar. Mr. P.S.Hundal, learned senior advocate, has argued that the petitioner was driver of the car in which the accused Amir Singh and Gurdev Singh were caught with heroin of considerable quantity. Amir Singh was found carrying one Kg. of heroin tied around his waist underneath his shirt. Similarly, Gurdev Singh was found carrying half Kg. of heroin wrapped in a piece of cloth and tied around his waist underneath Crl. Rev.No. 443 of 2011 (O&M) [ 2 ] his shirt. The petitioner was hired to drive the car and had no inclination that the two persons sitting in his car were carrying heroin. From the statements recorded by the Investigating Officer under Section 161 Cr.P.C. no offence against the petitioner is made out that he had any knowledge about the presence of heroin on the person of Amir Singh and Gurdev Singh. From the order dated 16.12.2010 by which the petitioner was granted regular bail in Crl. Misc. No. 26413 of 2010 it has been observed in the order that the petitioner knew Amir Singh and he had driven his car. In view of the fact that the petitioner was personally known to the accused Amir Singh, it cannot be presumed at this stage that he had no knowledge about the activities being conducted by Amir Singh and Gurdev Singh. During the proceedings of the trial the petitioner will be at liberty to lead all evidence and prove his innocence. At this stage, no interference is called for. The criminal miscellaneous is dismissed. 22.2.2011 ( RITU BAHRI ) Rupi JUDGE