Criminal Misc. No. M-32877 of 2008 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-32877 of 2008 (O&M) Date of Decision: 2.2.2009 Jaswinder Singh alias Kala …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Jaspal Kaur Gurna, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab. Kanwaljit Singh Ahluwalia, J. (Oral) Criminal Misc. No. 5545 of 2009 Criminal Misc. Application is allowed. Reply by way of affidavit on behalf of the petitioner is taken on record. Criminal Misc. No. M-32877 of 2008 The present petitioner has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR NO. 86 dated 30.3.2008 registered at Police Station Kharar, District Mohali, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as `the Act'). The petitioner is involved in 14 cases, out of which FIR No. Criminal Misc. No. M-32877 of 2008 (O&M) 2 126 dated 5.11.2005 has been registered at Police Station Morinda, District Ropar, under Section 15/61/85 of the Act. Another FIR No. 112 dated 27.3.2007 has been registered at Police Station Kharar, under Section 15/61/85 of the Act. In the present case, petitioner is stated to be in possession of 112 Kgs. of poppy husk. Counsel for the petitioner has relied upon a copy of complaint given by Sarpanch on 18.1.2008 and Inquiry Report of Deputy Superintendent of Police, Kharar, to state that police officials were in possession of poppy husk and they were demanding illegal gratification and they had threatened that if the same is not satisfied they would plant the poppy husk. In the present case, charge was framed against the petitioner on 6.10.2008. The case is now fixed for prosecution evidence. Petitioner, if so advised, may rely upon Annexures P1 and P2 in his defence. No ground for grant of regular bail to the petitioner is made out taking into consideration the fact that the petitioner is earlier involved in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 . Section 37 of the Act operates against the petitioner. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 2, 2009 “DK”