In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-21793 of 2008 Date of Decision:February 16, 2009 Balwinder Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Inderjeet Sharma ,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Balwinder Singh -petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of bail in FIR No.139 dated 24.11.2007 under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act , 1985 registered at Police Station Dayalpura District Bhatinda. As per the prosecution case, petitioner was found sitting on kacha patri near gunny bags along with three others. Thereafter, search of recovered 3 gunny bags was conducted and 35 kg. of poppy husk was recovered from each bag. Learned counsel for the petitioner has submitted that the petitioner was in custody since 24.11.2007. Prosecution is yet to estabish the conscious possession of the petitioner with regard to gunny bags. Crl. Misc. No. M-21793 of 2008 -2- Learned State counsel, on the other hand, has opposed the petition. Keeping in view the fact that the petitioner is in custody since 24.11.2007 and as per learned State counsel that he is not involved in any other case of similar nature, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Bhatinda. (SABINA) JUDGE February 16, 2009 PARAMJIT