CRM No. M-19506 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-19506 of 2010 (O&M) Date of decision: 20.7.2010 Jaswinder Singh alias Jassi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Amandeep Singh Gill, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. Rajan Gupta, J (oral). This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 21, 22, 25, 29, 61, 85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Basti Bawa Khel, District Jalandhar, vide FIR No.42 dated 12th June, 2010. Learned counsel for the petitioner has argued that petitioner has been arraigned as an accused on the basis of statement of a person, namely, Dharamvir alias Dharma, who was apprehended on the spot. According to counsel, the petitioner has no role to play in the commission of crime and possibility of his false implication cannot be ruled out. He, thus, prays that the petitioner deserves the concession of pre-arrest bail. Learned State counsel submits that from Dharamvir alias Dharma, who was apprehended on the spot, a black bag was recovered wherein there was heroin powder weighing about 1.00 Kg. He submits CRM No. M-19506 of 2010 2 that Dharamvir alias Dharma was only acting as a carrier on behalf of the petitioner. Rs.30,000/- was paid to Dharamvir alias Dharma by another accused Ajay Kumar for carrying the contraband. He submits that on the day, Dharamvir alias Dharma was apprehended, there were 30 calls which were exchanged between him, the petitioner and another accused. He has emphasized that the petitioner was in fact the kingpin of this racket. I have heard learned counsel for the parties and given careful thought to the facts of the case. It is evident that from Dharamvir alias Dharma who was apprehended at the spot, 1.00 Kg. heroin was recovered. He made a statement to the police that he was only acting as a carrier on behalf of Jaswinder Singh alias Jassi (petitioner herein) and had been paid Rs.30,000/- for the same. The investigating agency found that petitioner and Dharamvir were in close contact with each other as according to their calls record, 30 calls were exchanged between him and the other accused on the date of recovery. Petitioner was in constant contact with him on that day. Under these circumstances, I am of the considered view that no case is made out for grant of concession of pre-arrest bail to the petitioner. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 20.7.2010 'rajpal'