IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25302-2011 Date of Decision:09.11.2011 Boota Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. P.S.Mirpur, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.32 dated 26.03.2011, under Section 18 of the NDPS Act at Police Station Raman, District Bathinda. The alleged recovery is of 2 Kgs. of opium from two accused. Learned counsel for the petitioner submits that the other accused, namely, Sukhdev Singh has already been released on bail by this Court vide order dated 30.09.2011 passed in CRM-M-24945-2011 Learned State Counsel, however, points out that Sukhdev Singh has been granted bail also on the ground that he was not involved in any other case, whereas the petitioner is also involved in case FIR No.109 dated 04.07.2005, registered under Sections 15, 16, 61, 85 of the NDPS Act and under Sections 420, 467, 468, 471, 411 of IPC at Police Station Kalanwali, District Sirsa. In this regard, learned counsel for the petitioner submits that in that case, he is already on bail because he was not arrested at the spot and has been falsely implicated. Keeping in view the fact that the petitioner is in custody since 26.03.2011 and the recovery is of non-commercial quantity of opium coupled with the fact that the co-accused of the petitioner has already been granted bail by this Court, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. NOVEMBER 09, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE