IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-19424 of 2009 Date of decision : August 31, 2009 Balwinder Singh alias Khundri ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr.AK Khunger, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Balwinder Singh alias Khundri has filed this petition for anticipatory bail in case FIR No. 130 dated 29.5.2009, under sections 15 of NDPS Act, Police Station Fazilka, District Ferozepur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioner and another person came on a motorcycle without registration number. Police party signalled the motorcycle to stop but the motorcyclist after stopping the motorcycle ran away and succeeded in escaping despite chase by the police. From the motorcycle a bag containing 10 kgs of poppy husk was recovered. Learned counsel for the petitioner vehemently contended that the petitioner is not even owner of the aforesaid motorcycle. However, no Criminal Misc. No. M-19424 of 2009 -2- such averment has even been made in the petition. On the other hand, learned State counsel, on instructions from ASI Sanbir Singh states that it was a new motorcycle and its sale letter is in favour of the petitioner and therefore, the petitioner is owner of the aforesaid motorcycle. In view of aforesaid but without meaning to express any opinion on the merits, the petitioner does not deserve the concession of anticipatory bail. Dismissed. ( L.N. Mittal ) August 31, 2009 Judge 'dalbir'