Cr.Misc. NO. M 1330 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 1330 of 2009 DATE OF DECISION : 1.4.2009 Harpreet Singh ......PETITIONER VERSUS State of Haryana ......RESPONDENTS PRESENT: Mr. Parminder Singh, Advocate Mr. Rattan Brar, AAG, Hry M.M.S.BEDI,J. The petitioner is alleged to have found in possession of 152 kgs of poppy husk contained in eight bags from a car CH-03 N 9972, driven by him. Learned counsel contends that Devinder Singh is the owner of the said vehicle. He has got a number of similar vehicles, which he is plying as taxis. The petitioner was merely a driver of the vehicle and no recovery has been effected from him. He has been made a scapegoat. His father had submitted a number of representations to SP Karnal regarding the false implication of the petitioner in the case. He has been in custody since 12.4.2008. He has further contended that the original ruqa and the FIR are not traceable on the record, as such Special Judge, trying the case, had to adjourn the case in the month of December,2008. I have heard learned counsel for the parties. The petitioner may have a probable defence in his favour to establish his false implication but in view of the recovery of non commercial quantity of poppy husk, taking into consideration the provisions of Section 37 of the NDPS Act, he Cr.Misc. NO. M 1330 of 2009 2 cannot be granted the concession of bail. I have considered the contention of the learned counsel for the petitioner that the petitioner has been in custody since 12.4.2008 and only one witness has been examined. The petition is dismissed. However, a direction is issued to the trial court to expeditiously conclude the trial so that the petitioner may be able to put forth his defence, in accordance with law. In case the trial is not concluded within 6/7 months after the next date of hearing before it, it will be open to the petitioner to approach this court again. April 1 ,2009 ( M.M.S.BEDI ) TSM JUDGE