Criminal Misc. No. M- 11613 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 11613 of 2009 Date of Decision: 8.5.2009 Daljit Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajesh Bhatheja, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No.27 dated 11.3.2009 registered at Police Station Sadar, District Moga, under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985. On 29.4.2009, this Court had passed the following order:- “Counsel for the petitioner submits that allegation against the petitioner is that he was driving scooter. From the pillion rider 7 Kgs. of poppy husk has been recovered. Petitioner could not be arrested at the spot as he allegedly fled away Criminal Misc. No. M- 11613 of 2009 2 from the spot. Counsel further submits that name of the petitioner allegedly has been disclosed by the pillion rider who was arrested at the spot. It has been urged before me that in view of meager recovery of 7 Kgs. of poppy husk and the fact that one accused has been arrested, petitioner is entitled to pre-arrest bail. Even otherwise, case of prosecution is improbable, unnatural and unconvincing, so far escape of petitioner/accused from the spot is concerned. Counsel further submits that the alleged incriminating evidence with the prosecution is inadmissible qua the petitioner. Issue notice of motion to learned Advocate General, Punjab, for 8.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Counsel for the State, on instructions from Jaswant Singh, Assistant Sub Inspector, stated that petitioner has joined investigation and his custodial interrogation is not required and no other case is pending against the petitioner. In view of the statement made by counsel for the State and Criminal Misc. No. M- 11613 of 2009 3 order dated 29.4.2009 passed by this Court, interim pre-arrest bail granted to the petitioner is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 8, 2009 “DK”