CRM-M-18287 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-18287 of 2011 (O&M) Date of Decision:11.08.2011 Badal Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.P.K. Ganga, Advocate, for the petitioner. Mr.A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. This is a petition for pre-arrest bail in a case registered vide FIR No.33 dated 17.4.2011 under Sections 15, 61 & 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Nathana, District Bathinda. The allegations are that the petitioner was travelling along with Kala Singh in the Bolero Jeep in which the narcotics were lying. On interception, the petitioner managed to escape but was identified by HC Jaswinder Singh 1096 and HC Jaspal Singh 729 of Police Station CIA Staff, Bathinda. Learned counsel for the petitioner has submitted that the petitioner is neither the owner nor driver of the alleged vehicle in which the narcotics were being transported and has been involved in this case on the statement of the accused. The petitioner was granted interim bail on 7.6.2011 and on the adjourned date, learned counsel for the State was asked to file affidavits of the aforesaid two Police officials, who had allegedly identified the petitioner at the spot. Pursuant to that, both the Police officials have filed their respective affidavits dated 18.7.2011 in which HC Jaswinder Singh has alleged that the CRM-M-18287 of 2011 (O&M) - 2 - petitioner is a taxi driver at Kalanwali and is also doing the business of sale and purchase of two/four wheelers on commission basis. He has alleged that he had made enquiries about the motor-cycle from him in the month of February this year, therefore, he recognizes him whereas the other HC Jaspal Singh has alleged that the petitioner runs a taxi at Kalanwali Taxi Stand and deals in sale and purchase of vehicles. The son of his maternal uncle Bhupinder Singh Panniwala, who is a Press Reporter, resides at Kalanwali, and he often goes to Kalanwali to visit him and has even hired the taxi of the accused to go to village Panniwala on two/three occasions, therefore, he recognizes him. The petitioner also filed a counter- affidavit but the learned State counsel has produced one visiting card of the petitioner and the co-accused Kala Singh to show that they have been doing the business of taxi and of sale and purchase of second hand vehicles. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, I do not find it to be a fit case for anticipatory bail and hence the same is hereby dismissed. (RAKESH KUMAR JAIN) AUGUST 11, 2011 JUDGE Vivek