Crl. Misc. No.M-24134 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-24134 of 2009 Date of decision: 03.09.2009 Jagtar Singh …Petitioner Versus State of Punjab …Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Sapan Dhir, Advocate for the petitioner. L. N. MITTAL, J (ORAL) Jagtar Singh has filed this petition for bail in case FIR No.341, dated 19.11.2007, under Sections 15, 25, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act (in short, the NDPS Act) registered at police station Jagraon, Distt. Ludhiana. I have heard learned counsel for the parties and perused the case file. Without going into the merits of the case, the petitioner does not deserve the concession of bail because the petitioner and his co-accused Iqbal Singh had filed Crl. Misc. No.M-6396 of 2008 for anticipatory bail in the instant case and the same was dismissed as withdrawn on 04.04.2008. However, inspite thereof, the petitioner did not surrender and remained absconding and was declared proclaimed offender, and ultimately he was arrested in some other case on 21.02.2009 as submitted by learned counsel for the petitioner. In view of this conduct of the petitioner, benefit of bail cannot be granted to him because he is likely to abscond if released on bail. Crl. Misc. No.M-24134 of 2009 -2- In addition thereto, 13 bags of poppy husk have been recovered from the petitioner and his co-accused. The quantity of poppy husk being commercial, petitioner is not entitled to be released on bail in view of bar created by Section 37 of the NDPS Act. Learned counsel for the petitioner vehemently contended that the place from where the recovery of 5 bags of poppy husk is shown to have been effected does not belong to the petitioner nor the petitioner was present at the spot. In addition thereto, 8 bags of poppy husk were recovered from a truck standing in the said premises. The petitioner has not even stated in the petition that he is not owner of the said truck. Be that as it may, as commercial quantity of contra band of poppy husk has been recovered, the petitioner does not deserve the concession of bail. Keeping in view all the circumstances, but without meaning to express any opinion on merits, I do not find it to be a fit case for releasing the petitioner on bail. The bail petition is accordingly dismissed. ( L. N. MITTAL ) JUDGE 03.09.2009 A.Kaundal