Crl. Misc. No. M-36903 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-36903 of 2010 (O&M) Date of decision : May 30, 2011 Jasbir Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. R.K. Nagpal, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. Deputy Advocate General, Haryana. Rajan Gupta, J. This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 17/18/61/85 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 120-B IPC at Police Station Kalanwali, District Sirsa, vide FIR No.182 dated 30th September, 2010. Learned counsel for the petitioner argued that petitioner has been falsely implicated in the case. According to him, neither any opium was recovered from the petitioner nor his complicity in the crime is made out. Learned counsel argued that co-accused Balwinder Singh was found to be deputed on traffic training course on the date of occurrence from 8.15 A.M. to 5.15 P.M. and thus, the entire prosecution story becomes doubtful. He is, thus, entitled to the concession of pre- arrest bail. Crl. Misc. No. M-36903 of 2010 2 Learned State counsel opposed the prayer for bail. He has referred to affidavit of Satender Kumar Gupta, Superintendent of Police, Sirsa, filed in court today. He submits that petitioner alongwith co-accused has been found guilty by the investigating agency of planting __ Kgs of opium and thus, FIR in question was registered. He has further submitted that Balwinder Singh had manipulated record to show his presence for traffic training course. According to him, he reached the centre where the said test was going on, marked his presence and then left. He never appeared for the test and thus, his involvement in the crime is made out. I have heard learned counsel for the parties and given careful thought to the facts of the case. According to the prosecution case, on 30th September, 2010, 2.5 Kgs of opium was recovered from house of Jagdish Master. However, on inquiry, Jagdish Singh Master told the police that at about 2.00 P.M. on the same day while his son was alone at the house, one Balwinder Singh accompanied by two young boys, came to his house. They were carrying a polethene bag. When his son went to fetch water from the kitchen, the said persons planted the polethene bag containing opium under the bed (Deewan). His son, however, found the bag when he bent down to take out his slippers from under the bed. The matter was reported to the police. Motive of the crime is that accused Joginder Singh was suspended in an enquiry of having obtained a forged certificate. He nourished a grudge against Jagdish Singh Master. He, thus, hatched a conspiracy with Balwinder Singh and his two co- Crl. Misc. No. M-36903 of 2010 3 accused to falsely implicate the petitioner. During investigation, accused Balwinder Singh was arrested and he made a disclosure statement that he had acted at the behest of said Joginder Singh and planted opium on Master Jagdish Singh in connivance with Jasbir Singh (petitioner herein) and Navjot Singh. According to the affidavit of Superintendent of Police, Sirsa filed today, the alibi taken by Balwinder Singh that he had gone to traffic training course, was also found to be false. On the other hand, in call details for the relevant period showed that he was present in Mandi Kalanwali where the crime was committed at the relevant time. Thus, argument of counsel for the petitioner that entire prosecution story is doubtful in view of presence of Balwinder Singh for traffic training course, is devoid of merit. In the facts and circumstances of the case, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. On the other hand, his custodial interrogation may be necessary for taking the investigation to its logical end. Dismissed. (RAJAN GUPTA) JUDGE May 30, 2011 'rajpal'