IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 26355 of 2011 Date of decision: 14.11.2011 Gulzar Singh Petitioner vs. State of Punjab Respondent Present: Mr. DS Virk, Advocate. Mr. Kirat singh, DAG, Punjab M.M.S.BEDI,J. The petitioner, pursuant to the interim order dated 1.9.2011, has already joined the investigation, as per the instructions of ASI Nishan Singh imparted to the State counsel but it has been brought to the notice of the court that the petitioner has not cooperated in the investigation and the motor cycle, which was used at the time of carrying 20 kgs of poppy husk, has not yet been recovered. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner was not actually arrested along with 20 kgs of poppy husk. The authenticity of the prosecution version would be debatable. So far as the recovery of motor cycle is concerned, it is always open to the investigating agency to effect recovery, as per law as the number of the motor cycle is already noticed in the FIR. Accordingly, the petition is allowed and interim order dated 1.9.2011 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioner will also not hamper the recovery of the motor cycle, described in the FIR. He will also not commit the similar office of which he is accused of, during pendency of the trial. November 14 ,2011 ( M.M.S.BEDI ) TSM JUDGE