Criminal Misc. No. M-31035 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31035 of 2010 Date of decision : 26.04.2011 Hakam Rai ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. H.S. Bhullar, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 273 dated 10.08.2010 under Sections 18 of the NDPS Act (for short the ‘Act’) at Police Station Sector - 5, Panchkula. Learned counsel for the petitioner has argued that no recovery was effected from the petitioner. It is highly unbelievable that petitioner escaped from the spot in presence of several police officials. In fact the petitioner was not present in Panchkula on August 10, 2010 as he was being treated in Civil Hoshiptal, Muktsar. He is thus entitled to concession of bail. Learned State counsel has vehemently opposed the prayer. He submits that pursuant to disclosure statement made by co-accused recovery of vehicle used by the petitioner from fleeing from the spot was effected. Criminal Misc. No. M-31035 of 2010 2 This apart, six other cases are pending against him under Section 18 of the NDPS Act. He has referred to affidavit filed by Mukesh Kumar, Deputy Superintendent of Police, Kalka and submits that petitioner was only treated for back pain by Dr. Surender Kumar at Muktsar and advised bed rest for one day. He submits that the said doctor has been examined and he informed that he did not know the petitioner personally and no identification proof is required at the time of treatment in OPD. Thus plea of alibi by the petitioner is highly doubtful. I have heard learned counsel for the parties. The allegation in the FIR is that petitioner along with co- accused brought opium and stored the same in house no. 536 Sector -9, Panchkula. They were planning to sell the same in Chandigarh using a Skoda car bearing No. HR 70A-2786. On receipt of secret information, raid was conducted at house No. 536, Sector -9, Panchkula. Sohan Lal son of the petitioner was arrested on the spot. The petitioner who came out of the house carrying a heavy bag, however, fled from the spot. Co-accused Sohan Lal made a disclosure statement before the investigating agency on the basis of which car in which the petitioner had fled was also recovered. This apart, six other cases under the Act are stated to be pending against the petitioner. In the instant case, heavy quantity of opium (10 kgs) was recovered, thus, Section 37 of the Act would be attracted to the facts of the instant case. Under the circumstances, I am of the considered view that petitioner is not entitled to concession of bail. The petition is devoid of merit and is hereby dismissed. April 26, 2011 (RAJAN GUPTA) Ajay JUDGE Criminal Misc. No. M-31035 of 2010 3