Crl.M.No.18109-M of 201 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.18109-M of 2010 Date of Order: 17.11.2010 Pavittar Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. P.S. Khurana, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of pre arrest bail in case FIR No.122 dated 9.9.2009 under Sections 15,25,61,85 of the NDPS Act, P.S Ludhiana Rural District Ludhiana. As per the contents of the FIR, on secret information, Harpreet Singh, Hardip Singh, Buta and Mana were found to be bringing poppy husk in heavy quantity in a Truck No.HR 37-A-8956, whose driver was stated to be one Lakha R/o Lohatbaddi, who were further alleged to be unloading the poppy husk near the fields adjoining to the metalled road of Link Road of Rajeana to Talwandi Rai. Police party, however, was unable to apprehend any accused at the spot but 15 qtls and 75 kg of poppy husk contained in 45 gunny bags was recovered from the said abandoned truck. Learned counsel submits that the petitioner is not the owner of the truck as he had not purchased the same. There is no evidence available on record except the affidavit of Avtar Singh-registered owner of the Truck Crl.M.No.18109-M of 201 #2# stating that he had sold the truck to petitioner-Pavittar Singh. As per prosecution case, petitioner-Pavittar Singh being the owner of the Truck has been arraigned as accused in the case. Learned state counsel on instructions from HC Gulab Singh, concedes that except the affidavit of Avtar Singh, no other evidence is available on record connecting the accused with commission of crime. He further states that the challan in the present case against the petitioner and others has already been presented and the registered owner Avtar Singh has not been arraigned as accused. Without commenting upon merit of the case and in view of the evidence available with the investigating agency, I am of the opinion that the petitioner deserves the concession of pre arrest bail. Accordingly, petition stands disposed of with a direction that in the event of his arrest, petitioner shall be released on interim pre arrest bail to the satisfaction of the Arresting/Investigation subject to his joining investigation. He shall continue to join investigation as and when called upon to do so and shall abide by all the conditions as envisaged under Section 438(2) Cr.P.C. November 17, 2010 ( JASWANT SINGH ) manoj JUDGE