S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE Petitioner seeks regular bail in a case registered against him on 8.9.2010 for the offence under Section 18 of the NDPS Act. The Petitioner was a driver of Alto car which on the date of incident i.e. 8.9.2010 was signalled to stop by Inspector Ramandeep Singh and other members of his team. The Petitioner was asked to disclose his name and he disclosed his name as Amritpal Singh. The person sitting besides the driver side disclosed his name as Manvinder Singh (non -Petitioner). On search of the car, a black colour bag was lying between the feet of Manvinder Singh and the handle of the bag was held in his right hand. On search of the bag, 3 Kgs. and 200 grams opium was recovered. The Petitioner, it is submitted, is only a driver of the car and was engaged by Manvinder Singh from whom the opium was recovered besides, the car belongs to the wife of said Manvinder Singh. Therefore, it is to be ascertained whether the Petitioner can be said to be in conscious possession of the contraband that has been recovered. The prosecution has cited 12 witnesses, however, till date none has been examined. The Petitioner is in custody since 8.9.2010. There is no other case registered against him. In the facts and circumstances, it can be prima facie said that the Petitioner is not guilty of the offence attributed to him; besides, while on bail he is not likely to commit any offence.
(3.) IN the facts and circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail.;