CRM-M No. 10401 of 2011 **** Shamsher Singh alias Monu vs. State of Punjab Present: Mr. D.S.Pheruman, Advocate for the petitioner. Mr. S.S.Chandumajra, DAG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No. 18 dated 8.3.2011 under Section 21 of the NDPS Act, registered at Police Station Sadar, District Kapurthala. Learned counsel for the petitioner states that rtecovery is only 3 grams of heroin. On the last date the following contention was noticed:- “Learned counsel for the petitioner has relied upon the judgment in the matter of Shaji vs. Kerala State reported in 2004(4) R.C.R.(criminal) 643 and has argued that as per the said judgment a Division Bench of the Kerala High Court has held that an offence such as one for which the petitioner is sought to be implicated is bailable.” Today Mr. Chandumajra has very fairly stated that this is indeed the position and the offence in present case being recovery of small quantity of heroin, would be bailable. In this view of the matter this petition is dismissed even while permitting the petitioner to seek his remedy from the competent Court. ( AJAY TEWARI ) JUDGE April 21, 2011 sunita