RAJ SINGH ALIAS RAJU Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) Present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in a complaint case NCB Crime No.20/2017 dated 22.09.2017, under Sections 8, 18, 21, 23, 2, 60 and 61 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), filed before the learned Sessions Judge, Ferozepur.

(2.) It is contended by learned senior counsel that neither the petitioner was present at the place of occurrence; nor any recovery has been effected from him; rather he was nominated as an accused on the basis of the disclosure statement of co-accused, Jaswinder Singh, from whom narcotic substance was recovered by the police. It is further submitted that registration of other FIRs cannot be a ground to deny the anticipatory bail to the petitioner in this case as he has been falsely implicated by the police and he is entitled to the concession of pre-arrest bail.

(3.) On the other hand, learned counsel for NCB has stated that there is sufficient material against the petitioner to prove his involvement in the commission of the crime. It is further submitted that the petitioner has not joined the proceedings despite repeated notices and the order dated 26.03.2018 passed by learned Judge, Special Court, Ferozepur, and he was deliberately evading the Court proceedings. It is further argued that the petitioner is an habitual offender as he is involved in nine other criminal cases, out of which, three cases are of similar nature i.e. NDPS Act and thus, he is not entitled to the concession of pre-arrest bail.