In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 26416 of 2010 Date of decision: 5.10.2010 Mukhtiar Singh @ Shambu ......Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. RKS Brar, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 78 dated 6.7.2010 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), registered at Police Station Khuian Sarwar. The allegations against the petitioner are that on the alleged day of recovery, the petitioner was driving vehicle No.PB- 05L-8085. The petitioner was stopped on the basis of suspicion and was asked to get down from the vehicle as it was to be checked but the petitioner sped away from the spot. After some distance, the person, who was sitting next to the driver seat, threw two bags out of Criminal Misc. No.M- 26416 of 2010 -2- the vehicle. On search of the said bags, poppy husk was recovered. Total poppy husk recovered in this case was 70 kgs. Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case and was not arrested at the spot. Learned State counsel, who is assisted by ASI Kartar Singh, has submitted that the petitioner is also involved in another case under the Act. FIR No.172 dated 17.9.2006 was registered against the petitioner under Section 15 of the Act at Police Station Khuian Sarwar. In the said case although the petitioner had been initially allowed bail but thereafter, he absented during trial and has been declared a proclaimed offender. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be dismissed. The petitioner has been declared a proclaimed offender in a case under the Act. Hence, It would not be just and expedient to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed. (SABINA) JUDGE October 05, 2010 anita