CRM-M-26998 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26998 of 2011 Date of Decision:20.10.2011 Jaswant Singh alias Jassa . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.S.K. Bawa, Advocate, for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for pre-arrest bail in a case registered vide FIR No.49 dated 5.6.2011 under Sections 18/61/85 of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sandhaur, District Sangrur. The allegations are that the petitioner was with co-accused on a Splender Motorcycle. At the time of checking, the co-accused was arrested and the petitioner, who was though chased by Head Constable Ranjit Singh and Jasvir Singh escaped and the recovered Narcotic was found to be 2 Kg 800 Grams of opium. Learned counsel for the petitioner submits that he has been falsely implicated in this case because a day prior to the said incident his motorcycle was challaned and was forcibly taken away by the Police in order to implicate him in the present case, however, he could not reply as to why Police officials had forcibly taken away his motorcycle. During the course of hearing, Narinderpal Singh, PPS, Deputy Superintendent of Police, Sub Division, Malerkotla has filed his affidavit dated 30.9.2011 mentioning that the petitioner is previous convict in FIR No.358 dated 22.12.2005 registered under Section 15 of the NDPS Act at Police CRM-M-26998 of 2011 - 2 - Station Barnala and was sentenced to undergo R.I. for 10 years and to pay a fine of `1 lac vide order dated 11.8.2008 passed by the Court of Ld. Special Judge, Barnala. However, in his Criminal Appeal No.1869- SB of 2008 he has been ordered to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court and his sentence was suspended in Criminal Miscellaneous No.59386 of 2009 and was released on 13.1.2010 from District Jail, Sangrur. Learned counsel for the State has submitted that the petitioner is a habitual offender and his Registration Certificate as well as Motor Cycle was recovered at the spot when he had escaped. Keeping in view the facts and circumstances of this case, I do not find it to be a fit case for grant of anticipatory bail. Hence, the petition is hereby dismissed. (RAKESH KUMAR JAIN) OCTOBER 20, 2011 JUDGE Vivek