Crl. Misc. No. M – 6349 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 6349 of 2010(O&M) Date of decision:-21.4.2010 Mukhtiar Singh ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Sandeep Arora, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) This petition under Section 439 of the Code of Criminal Procedure has been filed by Mukhtiar Singh – petitioner for the grant of regular bail in FIR No. 158 dated 15.10.2009, registered in Police Station Makhu, District Ferozepur, under Section 15 of the NDPS Act, on the grounds mentioned therein. This FIR was registered on the basis of a secret information that the present petitioner and his co-accused- Jaswant Singh were sitting on two bags of poppy-husk on the river bank in the area of Village – Pappe. When the raid was conducted at the said place, present petitioner was found sitting on one of the bags and managed to escape. The total contents of the bags were found to be 70 Kgs of Poppy-husk. It is the case of the prosecution itself that this recovery was from two persons and that when the quantity is divided into two parts, it comes to 35 Kgs of poppy-husk, which is non-commercial. Crl. Misc. No. M – 6349 of 2010(O&M) -2- The petitioner is coming in custody for the last five months. The case is based upon the statements of only official witnesses and according to learned counsel for the petitioner there is non-complaince of Section 42 of the Act. Keeping in view all these facts and without expressing anything on the merits, this petition is allowed. Petitioner is ordered to be released on bail to the satisfaction of the Judge Special Court, Ferozepur, subject to the following conditions:- (i) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) he shall not leave India without the previous permission of the Court. April 21, 2010 (Gurdev Singh) tripti Judge