In the Punjab and Haryana High Court, at Chandigarh. Crl. Misc. No. M- 15862 of 2008 (O&M) Decided on July 18,2008. Ram Kumar -- Petitioner vs. The State of Punjab --Respondent. Present: Mr. JBS Gill,Advocate, for the petitioner. Rakesh Kumar Jain,J: This is an application u/s 438 Cr.P.C. for grant of anticipatory bail in a case bearing FIR No.96 dated 09.6.2008 under Section 15 of NDPS Act, registered at Police Station Garhshankar, District Hoshiarpur. Tersely, allegations against the petitioner are that on 09.6.2008, ASI, Harbans Singh along-with other police officials was present at T.Point Panam,G.T.Road. They saw a person coming from Panam side on a scooter, who on seeing the police party threw the scooter and ran away . Accused was identified by HC Gurdial Singh at the spot and on search of scooter bearing registration No. PB-16-0780, one envelope plastic containing one KG poppy husk was recovered. Counsel for the petitioner contends that story of the police is highly improbable as no attempt was made to stop the petitioner and no shot was fired in the air. Moreover it is not possible to run away when the police officials were very near to him. It is also contended that scooter mentioned in the FIR is not owned and possessed by the petitioner and, therefore, Crl. Misc. No. M- 15862 of 2008 (O&M) -2- recovery cannot be connected with him. Counsel for the State has pointed out that there is another case registered against the petitioner vide FIR No.44 dated 30.3.2008 under Sections 379/411 of IPC, at Police Station: Garhshankar, and therefore, antecedents of the petitioners are such that he should not be granted bail at this stage. Having heard counsel for the parties and without commenting on the merits of this case, I do not find that the petitioner is entitled to the concession of anticipatory bail. Hence, the same is hereby dismissed. July 18,2008 (Rakesh Kumar Jain) RR Judge