JUDGMENT Mr. Ram Chand Gupta, J.(Oral) - Crl.M.No.23451 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-11499 of 2012 The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.86, dated 25.12.2010, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the ‘Act’) registered at Police Station Narot Jaimal Singh, District Gurdaspur. 2. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Gurdaspur, vide which application filed on behalf of the present petitioner for regular bail was dismissed. 3. Brief allegations against petitioner-accused are that 19 bags of poppy husk containing 30 kg per bag were recovered by the police from the truck bearing registration No.JK-02 X 5235. It came during investigation that though registered owner of truck was Joginder Singh and, however, the truck was sold by him to the present petitioner much before this occurrence. An affidavit was given by Joginder Singh in this regard to the petitioner. Affidavit dated 30.11.2010 was got recovered by the petitioner in pursuance of his disclosure statement. 4. It has been contended by learned counsel for the petitioner that he is having no concern with the said truck and that he was also not arrested at the spot and that he has been falsely implicated in this case. 5. However, there are serious allegations against petitioner accused. Recovery effected from the truck is 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity. It came during investigation that truck was sold to him by registered owner Joginder Singh, who also gave affidavit dated 30.11.2010 to the petitioner. Documents of the truck including affidavit dated 30.11.2010 was recovered from the possession of the petitioner as per his disclosure statement. Hence, in view of bar created under Section 37 of the Act, it is not such a case in which concession of bail should be granted to the petitioner-accused. 6. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Sohan Singh for grant of regular bail is, hereby, dismissed being devoid of any merit. 7. However, learned trial Court is directed to expedite the trial. 8.
6. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Sohan Singh for grant of regular bail is, hereby, dismissed being devoid of any merit. 7. However, learned trial Court is directed to expedite the trial. 8. Registry is directed to send copy of this order to learned trial Court for compliance. ---------0.B.S.0------------