Crl. Misc. No. M-2633 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-2633 of 2010 DATE OF DECISION: February 04, 2010 Balvir Kaur .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Harsh Aggarwal, Advocate, for the petitioner. Mr. G.G. Dhuriwala, AAG, Punjab. AJAI LAMBA, J. (ORAL) This petition under Section 439 Cr.P.C. for bail in case FIR No. 338 dated 05.10.2009 under Section 15 of the NDPS Act, P.S. Samana, District Patiala. Learned counsel for the petitioner contends that it is the admitted case that house of Chanan Singh @ Channa was raided. The petitioner was only found in the premises which would not allow the respondent to draw a conclusion that the petitioner was indulging in sale of contraband. Learned counsel further states that the petitioner is a lady and has three minor children aged about 12, 10 and 7 years, 2 daughters and 1 son, who are to be taken care of. Learned counsel for the respondent-State, on instructions from Crl. Misc. No. M-2633 of 2010 2 ASI, Jarnail Singh, contends that indeed the contraband was found in the house of Chanan Singh @ Channa. The petitioner, however, is not related to the said Chanan Singh. She was only found sitting on the gunny bag. I have considered the controversy in the context of scope for bail. The petitioner is a lady having three minor children including two daughters. The petitioner has no relationship with Chanan Singh @ Channa. Contraband was recovered from the house of Chanan Singh @ Channa. It would be for the Trial Court to consider as to whether dominion over the contraband was of the petitioner also, or not. Considering the above, this petition is allowed. Bail to the satisfaction of Trial Court. Heavy surety. 04.02.2010 (AJAI LAMBA) shivani JUDGE