IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 24842 of 2008 (O&M) Date of decision : December 02, 2008 Jagdev Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Sunil Toni, Advocate for the petitioner Mr. IPS Sidhu, Sr. DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.74 dated 21.6.2008 under sections 15, 61, 85 of NDPS Act registered at Police Station Sadar Moga District Moga, on the ground that on the day of occurrence i.e. on 21.6.2008, he was admitted in P.H.C. Daroli Bhai (Moga). In this regard, a certificate Annexure P/1 issued by the Medical Officer of the said hospital was relied upon wherein the petitioner is stated to have remained admitted in the hospital from 20.6.2008 to 23.6.2008. When the bail application was fixed for arguments on 17.10.2008, the learned State counsel wanted to verify the genuineness of the aforesaid certificate and for that an adjournment was sought. Ultimately, the case was adjourned to 10.11.2008 on which date Dr. Gurinder Singh, Medical Officer of P.H.C. Daroli Bhai was also ordered to be summoned along with Criminal Misc. -M No. 24842 of 2008 (O&M) -2- record for today i.e. 2.12.2008. As per report of the Registry, Dr. Gurinder Singh has been duly served but he is not present. It is also pointed by the learned State counsel that the aforesaid doctor was also duly informed by the police about this date in the High Court. Today State counsel Mr. IPS Sidhu has also placed on file an inquiry report conducted by the Deputy Superintendent of Police (Detective), Moga on the asking of the Senior Superintendent of Police, Moga. A perusal of the inquiry report indicates that the petitioner in connivance with the aforesaid doctor had got prepared the false medical certificate Annexure P/1 in order to use the same for taking the benefit of granting bail to him by the court. During inquiry, an interpolation and cutting has also been found in the indoor register maintained in the said hospital to show the admission of the petitioner as an indoor patient. In these facts and circumstances, the petitioner who is involved in a case under NDPS Act is not entitled to anticipatory bail as the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances, which are lacking in this case. Hence, the same is hereby dismissed. A copy of this order be sent to the Senior Superintendent of Police, Moga for taking an appropriate action against the aforesaid doctor and the petitioner. Copy of the order be given to the learned State counsel under the signatures of Court Secretary. ( Pritam Pal ) December 02, 2008 Judge 'dalbir'