Manoj Bajaj,J. - (1.) Petitioner has filed this petition under Section 438 Cr.P.C for grant of anticipatory bail in case FIR No.58 dated 03.05.2021 under Sections 18, 21, 25, 29, 61 and 85 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station STF Wing, Ludhiana, District Ludhiana.
(2.) The FIR was registered on the secret information and the allegations as noticed by the learned Additional Sessions Judge, Ludhiana in the order dated 03.06.2021 are as under:- "Briefly the prosecution case is that police party received a secret information on 03.05.2021 that accused Davinder Singh and applicant-accused Jawahar Singh are indulging in sale purchase of opium and heroin and today they are coming in Innova Car bearing No.PB-10-CX-7009 for supplying the same. Information being authentic, FIR was registered and above mentioned car was apprehended. Accused-applicant Jawahar Singh was able to flee away from the spot whereas another accused Davinder Singh was arrested. From the vehicle 315 gram heorin and 500 gram opium was recovered."
(3.) Learned counsel for the petitioner has argued that the alleged recovery of 315 gram heroin and 500 gram opium was recovered from co-accused, namely, Devinder Singh, who was arrested on the spot. According to him, petitioner was not arrested and according to the prosecution, he ran away from the spot. He submits that though there is another case against the petitioner under the NDPS Act, but in the present case, he has been falsely implicated. He has prayed for grant of anticipatory bail to the petitioner.;