Crl. Misc No. M-11012 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-11012 of 2009 Date of decision : 20.07.2009 Jaivir ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Gopal Singh Nahel, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) The prayer made in this petition is for grant of anticipatory bail to the petitioner in a case FIR No. 132 dated 20.07.2003 registered against him under Sections 15 and 25/61/85 of NDPS Act at Police Station Bhwanigarh, District Sangrur. Learned counsel for the petitioner has argued that the petitioner has been implicated in the instant case on the basis of statement of one Labh Singh recorded on 16.09.2003. According to the counsel, said Labh Singh has not supported the prosecution version and has turned hostile. Since this was the only evidence available against the petitioner, he deserves to be extended the concession of anticipatory bail. Learned counsel for the State has, however, opposed the prayer for bail on the ground that petitioner had absconded after the recovery of contraband. According to the counsel, out of the vehicles which were intercepted on 20.07.2003, nine bags of poppy husk each containing Crl. Misc No. M-11012 of 2009 2 32.50 kgs, thereof, were recovered and the petitioner absconded after the recovery. I have heard learned counsel for the parties, given careful thought to the facts of the case. The stand of the prosecution is that petitioner had escaped from the spot from where the recovery of contraband has been effected and not submitted to the process of law for quite longtime. Keeping in view, the seriousness of the allegations, I am of the considered view that the petitioner is not entitled to the concession of anticipatory bail. The same is hereby, dismissed. 20.07.2009 (RAJAN GUPTA) Ajay JUDGE