CRM No.M-27304 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:-10.11.2010 Jagsir Singh alias Sira son of Maha Singh ..Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Kamaljit Singh Sidhu, Advocate for the petitioner. Mr.Anter Singh Brar, Senior D.A.G., Punjab. M ehinder S ingh S ullar , J. (Oral) Invoking the provisions of Section 439 Cr.P.C., petitioner Jagsir Singh alias Sira son of Maha Singh, has instituted the present petition for regular bail in a case registered against him alongwith his other co-accused, namely, Lakhvir Singh and Balbir Singh, by virtue of FIR No.127 dated 15.9.2005 (Annexure P1) on accusation of having committed the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the Act”), the police of Police Station Sangat, District Bathinda. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the matter, to my mind, the petitioner is not entitled to the concession of regular bail in this context. 4. What is not disputed here is that according to the prosecution version, on 15.9.2005, the petitioner alongwith his other two co-accused was found in possession of 25 bags, each containing 35 Kgs. of poppy husk. The petitioner managed to escape, could not be arrested at the spot and subsequently, he was CRM No.M-27304 of 2010 2 declared proclaimed offender. The learned State counsel has submitted that the petitioner is a habitual offender and involved in three more cases, vide FIR No.264 dated 3.6.2001 under section 18 of the Act, pertaining to Police Station Kotwali, Bathinda; FIR No.75 dated 5.7.2004 under section 15 of the Act, Police Station Joga, Distt.Mansa and FIR No.34 dated 28.3.2010 under section 18 of the Act, Police Station Maur. 5. As is evident from the record that the petitioner is a habitual offender for committing heinous offence under the Act. Since the heavy/commercial quantity of 875 Kgs. of poppy straw was effected, so, the petitioner is not entitled to concession of regular bail as contemplated under section 37 of the Act. 6. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the case, the instant petition for regular bail filed by the petitioner is hereby dismissed, in the obtaining circumstances of the case. 10.11.2010 (Mehinder Singh Sullar) AS JUDGE