CRM-M-27791-2011 [ 1 ] :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27791-2011 Date of decision:20.12.2011 Baljit Singh @ Motta ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. D.S.Malwai, Advocate, for the petitioner. Mr. K.D.Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J. (Oral) This is a petition for grant of regular bail to the petitioner in a pending trial case registered vide FIR No.91 dated 16.03.2011, under Sections 8/25/15/61 of the NDPS Act at Police Station Tripuri Town, Patiala. As per FIR, on a secret information, the police party had tried to apprehend the petitioner, who managed to escape but his co-accused was apprehended. It is categorically mentioned in the FIR that ASI Bhag Singh and HC Beant Singh were asked to chase the petitioner but because of the distance, he succeeded in running away from the spot. It is submitted that the petitioner has been falsely implicated in this case on the statement of co-accused and it is unlikely that the petitioner could have escaped from the spot in the presence of the police party. In reply, learned State Counsel has submitted that although ASI Bhag Singh and HC Beant Singh had tried to chase the petitioner but CRM-M-27791-2011 [ 2 ] :::::::: because of the huge distance, he could not be apprehended. He has also filed an affidavit of Pritpal Singh Thind, PPS, Superintendent of Police, Patiala in which it is alleged that the petitioner is involved in 3 more cases, namely, FIR No.224 dated 29.12.2009, registered under Section 379 IPC at P.S. Fatehgarh Sahib, FIR No.101 dated 25.09.2010, registered under Section 379 IPC at P.S. Bhawanigarh, District Sangrur and FIR No.123 dated 14.04.2004, registered under Sections 61/1/14 of the Excise Act at P.S. Sadar, Samana, District Patiala. Keeping in view the recovery of 10 bags of poppy husk and the rigour of Section 37 of the NDPS Act, I do not find it to be a fit case for grant of bail. Hence, the present petition is hereby dismissed. December 20, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE