IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-10671 of 2010 Date of Decision: April 27, 2010 Waryam Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Kuldip S. Chaudhary, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.359 dated 23.12.2009 under Section 21 of the Narcotics Drugs & Psychotropic Substances Act, 1985 registered with Police Station, Banga, District Shaheed Bhagat Singh Nagar (Nawanshahr). Learned counsel contends that no recovery has been effected from the petitioner, rather the petitioner has flourishing business. The petitioner was picked up from Dhillon Gas Crl. Misc. No. M-10671 of 2010 [2] Station, Ambala Cantt., and has been implicated falsely. Motor-cycle on which the accused including the petitioner, are stated to be riding, is not owned by the petitioner. Learned counsel for the respondent State, on instructions from Head Constable, Amarjit Singh, states that indeed the petitioner was arrested later on and no recovery has been effected from the petitioner. However, scooter/ motor-cycle is not owned by the petitioner. The petitioner is not involved in any other case under the Narcotic Drugs & Psychotropic Substances Act, 1985. In view of the above, it would a moot point to be considered by the Trial Court to see whether there is any legal evidence against the petitioner so as to connect him with the crime. The petition is allowed. Bail to the satisfaction of the Trial Court/ Duty Magistrate, Saheed Bhagat Singh Nagar (Nawanshahr). Heavy surety. (AJAI LAMBA) April 27, 2010 JUDGE avin 1. To be referred to the Reporters or not? Crl. Misc. No. M-10671 of 2010 [3] 2. Whether the judgment should be reported in the Digest?