Crl. Misc. No. M-34687 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-34687 of 2011 Date of Decision : November 25, 2011 Jarnail Singh @ Mihan .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Arun K. Bakshi, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Accused Jarnail Singh @ Mihan has filed this petition for regular bail in case FIR No.82 dated 19.06.2007, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short – the Act), registered at Police Station Sultanpur Lodhi, District Kapurthala. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, the accused-petitioner coming on scooter was intercepted by the police, but the accused abandoned the scooter and fled away and two bags containing 60 kilograms of poppy Crl. Misc. No. M-34687 of 2011 2 husk were recovered from the scooter. Counsel for the petitioner contended that another FIR was also registered on the same day against petitioner's brother with similar allegations and petitioner's brother has since been acquitted in that case. I have carefully considered the matter. There is no material whatsoever on record to substantiate the aforesaid contention of counsel for the petitioner. On the other hand, commercial quantity of poppy husk was allegedly recovered from the accused, and therefore, in view of Section 37 of the Act, he does not deserve the concession of bail. In addition to it, the FIR against the petitioner is dated 19.06.2007 and he was declared Proclaimed Offender and he allegedly surrendered on 09.04.2011 i.e. almost four years after the recovery. This is additional ground to decline bail to the petitioner. In view of the aforesaid, without meaning to comment anything opinion on merits of the case, the instant bail petition is dismissed. November 25, 2011 ( L. N. MITTAL ) monika JUDGE