IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-14375 of 2011(O&M) Date of Decision: May 30, 2011. Guddu Sharma. ...... PETITIONER(s) Versus State of Punjab. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. D.S.Malwai, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR No.18 dated 27.02.2010, under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘NDPS Act’), registered at Police Station Maur, District Bathinda. I have heard learned counsel for the parties and have gone through the record. It has been argued by the learned counsel for the petitioner that petitioner has been continuing in custody since 27.02.2010 and that no CRM No.14375 of 2011 witness of prosecution has been examined so far. Further contends that co- accused, Satish has since been granted bail by a coordinate Bench of this Court. Bail application has been vehemently opposed by learned counsel for the State on the plea that recovery effected from petitioner and co-accused is commercial i.e. 17 Kgs. of poppy husk. Co-accused, Satish who was granted bail has been arrested in another case. Further contended that petitioner is also a habitual offender and that he is also involved in another FIR No.107 dated 14.11.2009 under the NDPS Act, Police Station Maur Mandi. Hence, it is contended that petitioner is likely to abscond and is likely to indulge in these types of activities again, if released on bail. There is force in the argument of learned counsel for the State. Petitioner-accused is not entitled for bail. His earlier bail application for bail was dismissed by learned Judge, Special Court, Bathinda vide order dated 02.06.2010. He has also filed bail application before this Court which was got dismissed as withdrawn vide order dated 02.08.2010 passed in CRM No.M-18632 of 2010. Hence, in view of these facts and in view of rigor of Section 37 of NDPS Act and without expressing any opinion on the merits of the case, the instant petition for bail filed by Guddu Sharma is, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) May 30, 2011. JUDGE 'om' 2