CRM No.M-23623 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-4.10.2010 Shamsher Singh alias Roda ..Petitioner Versus State of Punjab ..Respondent CORAM: HON’BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.C.L.Verma, Advocate for the petitioner. Mr.Shilesh Gupta, DAG Punjab. M ehinder S ingh S ullar , J. (Oral) Having exercised his right of anticipatory bail and lost in the Court of Session, petitioner Shamsher Singh alias Roda, has directed the present petition for anticipatory bail in a case registered against him, vide FIR No.146 dated 17.6.2010, on accusation of having committed an offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the Act”) by the police of Police Station Sadar Khanna, Distt.Ludhiana, invoking the provisions of section 438 IPC. 2. Having heard the learned counsel for the petitioner, having gone through the record with his valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the present petition. 3. There are direct allegations that in the wake of secret information, a raid was conducted and 50 Kgs. of Poppy Husk was recovered from the house of the petitioner, although on seeing the police party, he escaped from there. Meaning thereby, there are direct allegations that the petitioner is indulging in narcotic trade and 50 Kgs. of Poppy Husk was recovered from his house. Moreover, the learned State counsel, on instructions from ASI Shiv Ram, has pointed out that the petitioner is a previous convict in a case registered against him, vide FIR No.21 CRM No.M-23623 of 2010 2 dated 22.2.1998 on accusation of having committed the offence punishable under section 61 of the Punjab Excise Act by the police of Police Station City Khanna and he is also facing trial in another case FIR No.24 dated 15.2.2003 under the same offence. 4. It is now well settled principle of law that anticipatory bail should not be granted lightly and in a routine manner. Ultimately, it may seriously affect the process of investigation. An order of anticipatory bail should not be made to create an in-road to the statutory investigational power of the police. In my view, if the petitioner is allowed anticipatory bail, it is likely to occasion interference in the investigational power of the police, which is not legally permissible. 5. In this manner, taking into consideration the totality of the facts and circumstances, nature and gravity of the accusation emanating from the record, as discussed above, to me, the petitioner is not entitled to the concession of anticipatory bail under these circumstances. 6. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the instant petition for anticipatory bail filed by the petitioner is hereby dismissed, in the obtaining circumstances of the case. 7. Needless to state that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, because the same has been so recorded for a limited purpose of deciding the present petition. 4.10.2010 (Mehinder Singh Sullar) AS Judge