IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) Criminal Misc.No.M-2569 of 2009 (O&M) Date of Decision 18.04.2009 Ramesh Kumar ......Petitioner VERSUS State of Punjab ......Respondent (ii) Criminal Misc.No.M-2588 of 2009 (O&M) Date of Decision 18.04.2009 Amrik Singh ......Petitioner VERSUS State of Punjab ......Respondent CORAM:- HON'BLE MR. JUSTICE PRITAM PAL Present: Mr.Ranjan Lakhanpal, Advocate, for the petitioners. Mr.Abhishek Chautala, A.A.G., Punjab, for the respondent-State. ***** PRITAM PAL, J(ORAL): The aforesaid two petitions, filed by the petitioners Ramesh Kumar and Amrik Singh for grant of bail, arise out of the one and the same F.I.R.No.86 dated 14.12.2007 under Sections 15/61/65 of N.D.P.S. Act, registered at Police Station Ghannaur. In this case, total recovery of four bags of poppy husk containing 32 kgs of poppy husk in each bag, are found to have been recovered from the accused in this case and on that count earlier one Gurbhag Singh was arrested and challan against him was also put in the Court for commission of offence punishable under Section 15 of the N.D.P.S.Act (hereinafter referred to as the 'Act'). Learned counsel for the Criminal Misc.No.M-2569 of 2009 (O&M) -2- petitioners contends that during the course of initial investigation made by the Deputy Superintendent of Police, Rajpura, both the petitioners were found innocent. However, during the course of trial and on the application of Swinder Singh father of Gurbhag Singh accused, an inquiry was again conducted about the genuineness of this case qua the petitioners. Now, the contention of learned counsel for the petitioners is that again in an inquiry, made by Superintendent of Police (Detective), Patiala, both the petitioners have been found innocent. This aforesaid assertion put on behalf of the petitioners is also not rebutted by the learned State counsel. In the given facts and circumstances and without commenting on the merits of this case, the petitioner Amrik Singh is allowed to be released on bail in the event of his arrest by the Investigating Officer, subject to the following conditions:- 1. He shall make himself available for interrogation by a Police Officer as and when required; 2. He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts to the Court or to any Police Officer; 3. He shall not leave India without the previous permission of the Court. Whereas, petitioner Ramesh Kumar, who is already in judicial custody in this case since 18.11.2008, is also directed to be released on bail on his furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala. Both the petitions stand disposed of in the aforesaid terms. April 18, 2009 (PRITAM PAL) mamta-II JUDGE