Crl. Misc. No.M-24265 of 2011 ****** Dhani Ram Vs. State of Punjab Present : Mr. Arun Takhi, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. *** AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.44 dated 11.04.2011 registered under Sections 15, 61 and 85 of the NDPS Act at Police Station Model Town, Hoshiarpur, District Hoshiarpur. On 11.08.2011 the following contention was noticed:- “Learned counsel has argued that the petitioner was not arrested from the spot and is alleged to have been named by co-accused who had possession of 4.5 kilograms of poppy husk and she has been released on bail.” Learned Deputy Advocate General on instructions from ASI Harbans Singh has accepted these factual assertions. He has however argued that on an earlier occasion the petitioner was convicted in case FIR No.64 dated 5.5.2010 under similar provisions. He has further stated that in that case only fine of Rs.5000/- was imposed thereby implying the fact that recovery must have been very less. Even in the present case as mentioned above the recovery is of only 4½ kg of poppy husk. Crl. Misc. No.M-24265 of 2011 -2- In the circumstances, without going into the merit of the case, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Ordered accordingly. Petitioner is directed to appear before the Investigating Officer on 06.09.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail to his satisfaction subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) August 25, 2011 JUDGE ashish