CRM-M-23368 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-23368 of 2011 Date of Decision:08.11.2011 Pawan Kumar . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.B.S. Bhalla, Advocate, for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for pre-arrest bail in a case registered vide FIR No.126 dated 6.4.2011 under Sections 21/22 of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short ‘the Act’) at Police Station City Barnala. On 4.8.2011, the petitioner was granted interim bail by this Court pursuant to which he has concededly joined the investigation. On the last date of hearing, learned counsel for the State had produced on record certified copy of the order dated 7.9.2011 passed by Judge, Special Court, Barnala by which Ravi Kumar Jindal (accused) was convicted. The case set up by the State is that co-accused of the petitioner has already been convicted whereas learned counsel for the petitioner has submitted that when ASI Ajaib Singh was examined as AW4, he had stated that he had received secret information that Ravi Kumar Jindal and Pawan Kumar owner of Pawan Medicos, Pindi Street, Ludhiana are coming from Ludhiana to Barnala with intoxicant tablets/powder but only one person was seen coming from Ludhiana side, who was apprehended and was found to be Ravi Kumar Jindal. He submits that the prosecution might be having secret information that CRM-M-23368 of 2011 - 2 - Ravi Kumar Jindal is coming along with Pawan Kumar but in fact the secret information was partly correct as only Ravi Kumar Jindal had come from Ludhiana to Barnala and was actually apprehended. Keeping in view the facts and circumstances of the case but without making any observation on the merits, order dated 4.8.2011 is hereby made absolute subject to the conditions already contained therein. (RAKESH KUMAR JAIN) NOVEMBER 08, 2011 JUDGE Vivek