CRM-M-20794-2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20794-2011 (O&M) Date of Decision:15.09.2011 Kaka Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. P.S.Sekhon, Advocate, for the petitioner. Mr. J.S.Brar, AAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.17 dated 25.01.2011, under Section 22 of NDPS Act and 61/1/14 of the Punjab Excise Act at Police Station Sadar Sangrur, District Sangrur. The allegation against the petitioner is that he was apprehended with a plastic bag containing white power which on chemical analysis found to have contained Diphenoxylate, which is a psychotropic substance. Learned counsel for the petitioner argues that the petitioner has been involved in a false case as the said recovery has been planted upon him. In this regard, he has basically relied upon the consent memo (Annexure P-3), recovery memo (Annexure P-4), memo of arrest (Annexure P-5) and personal search (Annexure P-6). It is submitted that all the documents have been forged by the prosecution as the signatures of the independent witness, namely, Sumit Chauhan, are different on all the aforesaid four documents inasmuch as the signatures of Sumit Chauhan on the recovery memo (Annexure P-4) is altogether different. Learned State Counsel could not dispute that prima facie the signatures of Sumit Chauhan are different on the recovery memo (Annexure P-4). 1 CRM-M-20794-2011 (O&M) In this view of the matter, it cannot be said with certainty that the alleged psychotropic substance has been recovered from the petitioner in the presence of the independent witness. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail by the learned Trial Court on his furnishing bail bonds to its satisfaction. September 15, 2011. ( Rakesh Kumar Jain ) vinod* Judge 2