Crl.M. No. M-28937 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M-28937 of 2010 (O&M) Date of decision : 07.10.2010 ... Kulwinder Singh ................Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. B.S Kathuria, Advocate for the petitioner Sh. Sudhir Nehra, Additional Advocate General, Punjab ... K.C. Puri, J. Kulwinder Singh s/o Pritam Singh has applied for releasing the petitioner on bail in event of his arrest in case FIR No.73 dated 5.9.2010 under section 15 of the NDPS Act, P.S. Bilga, District Jalandhar. As per allegation of the prosecution, the police party consisting of Kulwant Singh ASI, P.S. Bilga alongwith three other officers was going for patrolling on vehicle No. PB-12G-8370 driven by Constable Palwinder Singh. When the policy party reached towards Bhan Canal then from the right hand side one person who was carrying one polythene bag, on seeing the police party, threw Crl.M. No. M-28937 of 2010 -2- away the bag and ran away. 10 kgs of poppy husk was found in the bag. According to the prosecution, the person who ran away from the spot is the present petitioner and he has been identified by HC Sukhdev Singh. This Court in Crl.M.No. M-48216 of 2007 titled as Davinder Singh vs. State of Punjab, allowed the concession of anticipatory bail where the petitioner was not arrested at the spot, although the quantity of poppy husk was commercial. So, without expressing any opinion on the merits of the case, in the event of arrest, petitioner is directed to be released on bail by the arresting officer. However, it shall be subject to the petitioner's joining the investigation as and when required by the Investigating Officer and he shall comply with the provisions of Section 438(2) Cr.P.C. ( K.C. Puri ) 07.10.2010 Judge chugh