Crl. Misc. No. 498 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. 498 of 2011 (O&M) Date of decision:- 23.2.2011 Iqbal Singh ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. H.S.Rakhra, Advocate, for the petitioner. Gurdev Singh, J (oral) The petitioner-Iqbal Singh, has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 78 dated 10.6.2009, registered under Section 15 of the ND&PS Act, 1985 (hereinafter referred to as the 'Act'). He has contended therein that he himself is a police personnel and has become a victim of departmental grudge. Previously, he was involved in an offence under the Corruption Act, vide FIR No.53 dated 28.8.2007 registered under Section 13(2) of the Prevention of Corruption Act, 1988 and Section 15 of the Act, but that FIR was found to be false and he was declared innocent. As a result of that the persons, who lodged that FIR, were in trouble and were in search of a moment to involve him in some false case. On 9.6.2009, he was on duty and came back to his house at 9.00 p.m and in a pre-planned manner the present case was foisted upon him. No investigation has been conducted regarding the source of the contraband alleged to have been recovered from Crl. Misc. No. 498 of 2011 (O&M) -2- him. There was no link between him and other alleged occupants of the car. The mandatory provisions of the Act were not complied with. Even there is a delay in sending the sample to Chemical Examiner. His family is stationed at Bathinda and his child is studying at that place, as is clear from School Certificate. He had no occasion to go to Nawanshahar in between his duty hours risking his career. I have heard learned counsel for the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner was on his duty on 9.6.2010 and just when he came back to his house he was apprehended and false case was made against him to save the police officials who were found to have registered a false case against him under the Corruption Act. He also tried to contend that at that time the petitioner was in his police uniform, which itself shows his false implication. As per the version given in the FIR, it was. on 10.6.2009 at 4.30 a.m that the petitioner was found traveling in the car, which was coming from the side of Dhuri and was intercepted by the police party headed by Kuldeep Singh ASI. When the search of that Car was taken three bags were recovered and each was found to contain 38 kgs of poppy-husk. In support of the contentions made in the petition, photostat copies of the Daily Dairy Register (Roznamcha) from 8.6.2009 to 10.6.2009, have been placed on the record. The entries of that register in no way help the petitioner. As per the entry at Sr. No.13, he was found absent from his duty at 8.30 p.m on 9.6.2009. The recovery was effected on 10.6.2009 at 4.30 a.m. i.e. after 8 hours. During this period he could have Crl. Misc. No. 498 of 2011 (O&M) -3- travelled to any place. There are no reasonable grounds for believing that he never committed an offence under the Act nor it can be said that he will not be indulging in such like offence in case released on bail. The petition is dismissed accordingly. February 23, 2011 (Gurdev Singh) tripti Judge