MAHABIR SINGH SINDHU, J.

1. The petitioner has filed the present petition under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of anticipatory in FIR No. 99 dated 12.2.2017, registered under Section 22-C/61/85 of NDPS Act, Police Station Ratia, District Fatehabad.

2. It is contended by the learned counsel for the petitioner that his name doesn't find mention in the FIR and he has been implicated on the basis of confessional statement made by co-accused Hem Raj on 11.3.2017. It is further contended that as per the statement of Hem Raj, the contraband which was recovered from the bag thrown away by him on 12.2.2017 was allegedly delivered by the present petitioner, whereas the petitioner was in police custody on 12.2.2017. Further contended that the main accused Hem Raj made a disclosure statement on 11.3.2017, but no effort was made by the police to arrest him till date.

3. On the other learned State counsel has opposed the bail application on the ground that petitioner is an habitual offender under the provisions of NDPS Act as he is already facing 3 other cases under the NDPS Act and custodial interrogation of the petitioner is very much neces