IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15860 of 2009 Date of decision : July 31, 2009 Kamaljit Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. AS Gill, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Kamaljit Singh has filed this petition for bail in case FIR No. 7 dated 9.1.2009, under section 15 of NDPS Act (for short, the Act), Police Station Mehatpur District Jalandhar. According to the prosecution version, five bags containing 32 kgs of poppy husk each were recovered from the truck in which the petitioner was travelling with co-accused Hardeep Singh who was driving the truck. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contended that the petitioner was not apprehended at the spot. The contention cannot be accepted because when the police party signalled the truck to stop, both the Criminal Misc. No. M-15860 of 2009 -2- occupants of the truck started running away but were caught by the police party. Learned counsel for the petitioner also contended that the petitioner was not in possession of the contraband poppy husk because he was neither driving the truck nor he is owner of the truck. The contention cannot be accepted at this stage particularly because the very fact that the petitioner started running away after alighting from the truck when the truck was stopped would point towards the guilt conscience of the petitioner. Quantity of poppy husk recovered is commercial quantity and therefore the petitioner is not entitled to bail in view of bar created by section 37 of the Act. In view of the aforesaid but without meaning to express any opinion on the merits, I do not find it to be a fit case for releasing the petitioner on bail. The instant petition is accordingly dismissed. ( L.N. Mittal ) July 31, 2009 Judge 'dalbir'