Criminal Misc.-M No. 28129 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 28129 of 2011 (O&M) Date of decision: 22.9.2011 Dharam Pal .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K. S. Sandhu, Advocate for the petitioner. Mr. P. S. Bajwa, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner. Learned counsel for the petitioner submitted that as per the allegation in the FIR, one scooter being driven by Gurdev Ram @ Gullu was stopped by the police at a naka. The petitioner was allegedly a pillion rider on the scooter. From the bag on the scooter, nine kilograms poppy husk was recovered. The petitioner's name was disclosed by the driver of the scooter, who was arrested by the police. The petitioner was not arrested from the spot. He has been falsely implicated. Learned counsel for the State submitted that the petitioner was involved earlier as well in a case of NDPS Act, 1985 and another case registered under Sections 452/323 IPC is also pending against him. In response to the submissions made by learned counsel for the State, learned counsel for the petitioner submitted that in the earlier FIR registered against him under NDPS Act, 1985, he has been acquitted. After hearing learned counsel for the parties and considering the fact that the petitioner's name was disclosed by the co-accused, after he was apprehended by the police; the petitioner was not arrested from the Criminal Misc.-M No. 28129 of 2011 [2] spot and the alleged recovery is nine kilograms of poppy husk, in my opinion, the petitioner deserves concession of pre-arrest bail. He shall appear before Investigating Officer on 3.10.2011 at 10.00 AM. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 22.9.2011 mk