Crl.M.No.M-27228 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-27228 of 2010 (O&M) Date of Decision:September 16, 2010 Darshan Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Pratik Pandit, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.48605 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27228 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.92, dated 23.7.2010, under Section 15 of the NDPS Act, registered at Police Station Kot Isah Khan, District Moga. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the order passed by learned Special Judge, Moga, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. Brief allegations against the petitioner-accused are that police party headed by Sajjan Singh, Sub Inspector, Police Station Kot Isah Khan, was on patrol duty on 23.7.2010, when petitioner-accused alongwith co- accused Bawi wife of Samma Singh, was sitting on top of piles of bags. Police vehicle was stopped in order to check them on the basis of suspicion. However, petitioner-accused ran away. Co-accused Bawi was apprehended. On search, total 175 kg of poppy husk contained in five bags of 35 kg each was recovered. Petitioner-accused was identified by Crl.M.No.M-27228 of 2010 (O&M) -2- police officials. His name and address has been mentioned in the FIR. It has been contended by ld. counsel for the petitioner that petitioner has been falsely implicated due to enmity with the police. It has been stated that he was not present at Kot Isah Khan on the date of alleged occurrence. There are serious allegations against the petitioner-accused. The recovery effected is commercial quantity of poppy husk. Hence, in view of rigour of Section 37 of the NDPS Act, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner- accused. Custodial interrogation of the petitioner-accused is necessary. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Darshan Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 16.9.2010 (Ram Chand Gupta) meenu Judge