In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 34166 of 2011(O&M) Date of Decision: November 18, 2011 Bhupinder Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Sukhjit Singh, Advocate, for the petitioner *** Gurdev Singh, J. Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by petitioner-accused, Bhupinder Singh, for the grant of anticipatory bail in FIR No.122 dated 10.9.2011 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as “the Act”) in Police Station, Zira. The case of the petitioner is that the police party came to his house on 10.9.2011 and taken away his father, Gurdeep Singh, along with the car bearing Registration No. DL6CE-3020, on the pretext of enquiry and thereafter, both of them have been falsely implicated in this case. According to him, all the villagers were the witnesses of taking away of his father and the car. As per the version given in the FIR, the above said car was Crl. Misc. No. M- 34166 of 2011(O&M) -2- intercepted by the police party, which was being driven by the present petitioner, who managed to escape, whereas his co-accused was arrested at the spot. The search of the car led to the recovery of 30 kgs of poppy husk. Counsel for the petitioner has tried to rely upon the affidavit of one Tarlok Singh, in which it has been deposed by the deponent that on 10.9.2011, the present petitioner was in his village, Daulewal and that his father was taken away by the police. At this stage, much reliance cannot be placed on his deposition and the Court is to go into the allegations levelled against the petitioner. He managed to escape from the spot and his name was disclosed by his co-accused. For the time being, there is nothing on the record to conclude that the petitioner has been falsely implicated. There are no reasons for believing that the petitioner did not commit the offence under Section 15 of the Act or that there is no likelihood of his committing any such offence, in case he is released on bail. Dismissed. (GURDEV SINGH) JUDGE November 18, 2011 PARAMJIT