Crl. Misc. No. M-16500 of 2008 Present:- Mr. Ranjan Lakhanpal, Advocate for the petitioner. This is a petition under Section 438 of the Code of Criminal Procedure for anticipatory bail in case FIR No. 43 dated 24.5.2008 registered at Police Station Anandpur Sahib, under Sections 18/61/85 of NDPS Act. The allegations against the petitioner are that on 24.5.2008, a police party put a nakka near Gambirpur. At about 7:15 A.M they spotted two persons travelling on motor cycle No. HP-24A-5756 who immediately stopped their motor cycle on seeing the police party. The driver of the motor cycle was apprehended but his co-rider managed to escape. On search, 1 kg opium was recovered and the person who was apprehended namely Gurnam Singh S/o Nirvair Singh disclosed that the other person was his brother Anoop Singh. Counsel for the petitioner has contended that the alleged occurrence is shown to have taken place at 7:15 A.M whereas the petitioner has crossed toll tax barrier situated on Kiratpur Nangal road at 7:20 A.M, which is 14 kms away from the place of occurrence and for that purpose he relies on receipt issued by the toll tax which is attached as Annexure P-2, which, however, does not reflect his name. There are definite allegations against the petitioner and the offence being serious, without expressing any opinion on the merit of the case, I do not find it to be a fit case for extending benefit of anticipatory bail. Therefore, the same is hereby dismissed. July 7, 2008 (Rakesh Kumar Jain) rekha Judge