Crl. Misc. No. M – 6355 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 6355 of 2010(O&M) Date of decision:- 10.3.2010 Paramjit Singh Alias Pamma ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. B.S.Jaswal, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) The petitioner Paramjit Singh @ Pamma S/o Sher Singh, has filed this petition under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail in FIR No. 3 dated 21.1.2010, registered under Section 15 of the ND&PS Act, 1985, in Police Station Mehatpur, District Jalandhar. He has contended therein that on 18.1.2010 at about 9.00 PM, the police of the said police station came to his house when he was away to U.P and his wife and children were present in the house. They were told that the police had come to search the house. His wife called the sarpanch of the village and the house search was taken in his presence and nothing was recovered. While the police left the house they took various documents, Crl. Misc. No. M – 6355 of 2010 -2- motorcycle and cash along with them. Information about these facts was given to him by his wife. After three days thereof the police registered this false case against him. The story as given in the FIR cannot be believed to be true as the police party consisted of five police officials and they could not have allowed him to escape from the spot if he was actually present there. Notice of the petition was given to the respondent. I have heard learned counsel for both the sides. As per version given in the FIR, the secret information was received by the police party, while it was on patrol duty, that the present accused and one Kali were running the trade of poppy-husk on large scale and that they had gone towards village Bute Dian Chhanna after loading poppy husk in Maruti Car No. PB08K-2345 and if the area is cordoned off, then large quantity of poppy husk could be recovered therefrom. The police party was checking the vehicles on the bank of the river when two clean shavan persons came their in the Car of that registration number, which had black glasses. A signal was given to stop the car and the same was stopped at some distance. Both the occupiers of the car after alighting from the car, started running towards the fields. They were chased in order to apprehend them, but they succeeded in running away. They were identified by Balwinder Singh Head Constable, who was with the police party, as Paramjit Singh @ Pamma and Kali as they were personally known to him. When the search of the car was taken six bags of poppy husk were recovered and each bag contained 34 Kgs and 750 grams of Poppy-husk. This petition has been pressed on the ground that the petitioner Crl. Misc. No. M – 6355 of 2010 -3- was never present in the Car and there was no possibility of giving slip to the police party which consisted of five healthy police officials. In fact three days before the said recovery, the house of the petitioner was raided by the police party and nothing was recovered, but while leaving the house the police party had taken with them some documents including the ration card and the motor cycle of the petitioner. For the time being there is nothing of the record to believe the story put forward by the petitioner. No complaint was filed by him before any authority that the police party raided the house in his absence and took with it number of documents, motor-cycle and cash amount. He would not have kept mum in case that had been a fact. Statement of Balwinder Singh Head Constable was recorded during the investigation under Section 161 Cr.P.C and he has categorically stated therein that it were the petitioner Paramjit Singh and one Kali, who were travelling in the Car had sliped away from the spot after the car was stopped by giving signal. The ration card of the petitioner was recovered from the Car and was taken into possession, which inspires confidence in the truthfulness of the version as given in the FIR. The remedy of the anticipatory bail is an extra-ordinary remedy and is to be resorted to in special circumstances. The facts of the present case are such that the petitioners are not entitled to the benefit of anticipatory bail. The success of the case will depend upon the identification of the petitioner as one of the persons who was found travelling in the car and had given a slip to the police party. This can be done only by holding test Identification Parade. The very purpose of Crl. Misc. No. M – 6355 of 2010 -4- effective interrogation and investigation will be defeated in case the petitioner is armed with an order for anticipatory bail. There is no merit in this petition and the same is hereby dismissed. March 10, 2010 (Gurdev Singh) tripti Judge