IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-35201 of 2011 Date of decision : December 08, 2011 Dharminder Singh alias Sukha ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. DS Sandhu, Advocate, for the petitioner Mr. Amit Chaudhary, DAG Punjab L.N. Mittal, J. (Oral) Accused Dharminder Singh alias Sukha has filed this petition for anticipatory bail in case FIR No. 124 dated 13.10.2011, under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act), registered at Police Station Sultanpur, District Kapurthala. I have heard learned counsel for the parties and perused the case file. According to prosecution version, the petitioner having a plastic bag on his right shoulder, on seeing the police party, fled away after throwing the bag which was found to contain 10 kgs of poppy husk. Learned counsel for the petitioner vehemently contended that quantity of contraband poppy husk is non-commercial and the petitioner was not apprehended at the spot. On the other hand, learned State counsel Criminal Misc. No. M-35201 of 2011 -2- contended that the petitioner escaped from the spot after throwing the bag containing poppy husk. Benefit of anticipatory bail cannot be extended to the petitioner merely because quantity of contraband poppy husk is not commercial. On the other hand, petitioner was named in the FIR itself as having run away after throwing the bag of poppy husk. It is not even alleged in the instant petition as to why he would be falsely named in the FIR. In view of aforesaid, but without meaning to express any opinion on merits of the case, I do not find it to be a fit case to release the petitioner on anticipatory bail. Dismissed. ( L.N. Mittal ) December 08, 2011 Judge 'dalbir'