Crl. Misc. No.M-24134 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-24134 of 2009
Date of decision: 03.09.2009
Jagtar Singh ...Petitioner
Versus
State of Punjab ...Respondent
Coram:- HON’BLE MR. JUSTICE L. N. MITTAL.
Present: Mr. Sapan Dhir, Advocate for the petitioner.
L. N. MITTAL, J (ORAL)
Jagtar Singh has filed this petition for bail in case FIR
No.341, dated 19.11.2007, under Sections 15, 25, 61 and 85 of
Narcotic Drugs and Psychotropic Substances Act (in short, the NDPS
Act) registered at police station Jagraon, Distt. Ludhiana.
I have heard learned counsel for the parties and perused
the case file.
Without going into the merits of the case, the petitioner
does not deserve the concession of bail because the petitioner and
his co-accused Iqbal Singh had filed Crl. Misc. No.M-6396 of 2008
for anticipatory bail in the instant case and the same was dismissed
as withdrawn on 04.04.2008. However, inspite thereof, the petitioner
did not surrender and remained absconding and was declared
proclaimed offender, and ultimately he was arrested in some other
case on 21.02.2009 as submitted by learned counsel for the
petitioner. In view of this conduct of the petitioner, benefit of bail
cannot be granted to him because he is likely to abscond if released
on bail.
Crl. Misc. No.M-24134 of 2009 -2-
In addition thereto, 13 bags of poppy husk have been
recovered from the petitioner and his co-accused. The quantity of
poppy husk being commercial, petitioner is not entitled to be released
on bail in view of bar created by Section 37 of the NDPS Act.
Learned counsel for the petitioner vehemently contended
that the place from where the recovery of 5 bags of poppy husk is
shown to have been effected does not belong to the petitioner nor
the petitioner was present at the spot. In addition thereto, 8 bags of
poppy husk were recovered from a truck standing in the said
premises. The petitioner has not even stated in the petition that he is
not owner of the said truck. Be that as it may, as commercial
quantity of contra band of poppy husk has been recovered, the
petitioner does not deserve the concession of bail.
Keeping in view all the circumstances, but without
meaning to express any opinion on merits, I do not find it to be a fit
case for releasing the petitioner on bail. The bail petition is
accordingly dismissed.
( L. N. MITTAL )
JUDGE
03.09.2009
A.Kaundal