CRM-M No. 25240 of 2011 **** Sandeep Singhalias Seema v. State of Punjab Present: Mr. H.S.Rakhra, Advocate for the petitioner. Mr. S.S.Gill, DAG, Punjab. **** This is a petition for regular bail filed in case bearing FIR No. 44 dated 5.4.2011, under Sections 21/61/85 of the NDPS Act, registered at Police Station Lambi, District Sri Muktsar Sahib, Punjab. On 02.11.2011 the following order was passed:- “ Counsel for the respondent has placed on record affidavit of Gurpreet Singh, SI/SHO, Police Station Lambi, District Sri Muktsar Sahib, as per which a similar FIR bearing No.28, dated 12.3.2010, under Sections 21, 61, 85 of the NDPS Act was registered at Police Station Sadar Bathinda, wherein the petitioner was arrested with 280 grams of smack and remained in Central Jail, Bathinda from 16.3.2010 to 10.9.2010. A perusal of the present FIR reveals that the petitioner was arrested while he was in the process of ingesting smack because silvar foil, candle and a small pipe for inhaling were also found at the spot. Counsel for the petitioner states, and in fact it has been prima facie accepted by counsel for the respondent, that the petitioner seems to be more an addict than a trafficker. It is also not disputed that he has now been in custody since 5.4.2011 and, therefore, in a case of non-commercial quantity, his plea for bail cannot be lightly rejected. However, counsel for the respondent has pointed out that some kind of conditional order should be passed while releasing the petitioner whereby he binds himself to get admitted in some suitable de-addiction centre. CRM-M No. 25240 of 2011 Counsel for the parties seek a short adjournment to identify such de-addiction centre. Adjourned to 11.11.2011.” Today learned counsel have agreed that it would be best if the petitioner is admitted to the PGIMER, Chandigarh with the condition that in case he leaves against medical advice his bail order may be liable to be cancelled. Learned counsel for the petitioner has accepted this. In the circumstances let the petitioner be released on bail to the satisfaction of the Chief Judicial Magistrate, Muktsar. If the petitioner does not get himself admitted in the PGIMER, Chandigarh within three days of release or if he leaves the hospital against medical advice, the prosecution would be at liberty to move an application for cancellation of bail. Petition stands disposed of. ( AJAY TEWARI ) JUDGE November 14, 2011 sunita