In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-1967 of 2009 Date of decision: 6.5.2009 Chamkaur Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.SPS Sidhu, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Chamkaur Singh under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 150 dated 14.9.2004, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short), registered at Police Station Zira, District Ferozepur. As per the prosecution case, on 14.9.2004 at about 8.15 p.m. three persons were seen sitting on the bags of poppy husk. Surjit Singh, co-accused of the petitioner, was arrested at the spot. The petitioner, however, managed to escape and his identity was given by co-accused Surjit Singh. Learned counsel for the petitioner has submitted that the Criminal Misc. No.M-1967 of 2009 -2- petitioner is innocent and has been falsely involved in this case. The petitioner is in custody for the last more than one year. Learned State counsel, who is assisted by ASI Sadhu Singh, on the other hand, has submitted that that co-accused Surjit Singh has been convicted and sentenced under Section 15 of the Act. The petitioner was declared a proclaimed offender on 16.5.2007 and was arrested on 24.1.2008. Keeping in view the fact that the petitioner was declared a proclaimed offender on 16.5.2007 and later arrested on 24.1.2008 and also the fact that trial qua his co-accused Surjit Singh has resulted in conviction, no ground for grant of regular bail at this stage is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE May 06, 2009 anita