Crl. Misc. No. 6508 of 2010 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 6508 of 2010 (O&M) Date of decision: May 26, 2010. Man Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. BS Malik, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. Petitioner Man Singh son of Sh. Budh Singh, has filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 106 dated 3.6.2009 registered at Police Station Rajpura, District Patiala, under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to him, he is physically crippled and has been falsely involved in this case. He cannot walk and can only crawl. As per the contents of the FIR, the police party intercepted one motor vehicle make 'Sumo', bearing registration No. HR-09A-1600 fitted with a blue light atop. The driver of the vehicle escaped whereas the present petitioner and one Lakhwinder Singh @ Kaka were found sitting on the front seat thereof. When the search of the vehicle was taken, poppy husk in packets were recovered. That poppy husk was found to be 180 kgs. It has been submitted by learned counsel for the petitioner that Crl. Misc. No. 6508 of 2010 2 the petitioner cannot be said to be in conscious possession of this poppy husk, as he is totally disabled person and is not capable of possessing any such heavy quantity of poppy husk and that he was picked up from his house and was falsely implicated. He also submitted that the Investigating Officer was required to obtain the signatures of this petitioner, if the poppy husk was recovered from him, on the panchnama, samples and other documents, which was mandatory. It has not been contested by the learned State counsel that the petitioner is a totally disabled person, as it is recorded even in the police diary that both his legs are affected from polio. It becomes doubtful if he was in conscious possession of the poppy husk being carried in the motor vehicle, which was never owned by him. The other points raised by the petitioner are to be decided at the time of the trial and not while deciding this petition. Keeping in view the above discussion and without making any expression on merits of the case, this petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the Special Judge, Patiala. 26 .5.2010 (GURDEV SINGH) prem JUDGE