CRM-M No. 25327 of 2011(O&M) **** Godha v. State of Punjab Present: Mr. KVS Ahluwalia, Advocate for the petitioner. Mr. S.S.Gill, DAG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No. 43 dated 11.07.2011, under Section 15 of the NDPS Act, registered at Police Station Passiana, District Patiala, Punjab. Affidavit of ASI Karnail Singh has been filed. As per this affidavit the petitioner is the brother-in-law of two of the three women who have been alleged to have run away from the spot along with 1 Kilogram of poppy husk and also that the petitioner was convicted in case FIR No. 42 dated 12.05.98, under Sections 323/324/34/326 IPC , registered at Police Station Sadar, Nabha. On 23.08.2011 the following contention was noticed:- “Learned counsel has argued that the alleged recovery is of 100 Kilograms of poppy husk and the allegation is that the petitioner and his sister-in-law managed to flee from the spot while three women were arrested. As per learned counsel the petitioner and his sister-in-law have no connection with those three women who were arrested from the spot when the alleged recovery of 100 Kilograms of poppy husk was made.” Despite the fact that some relationship has been established between the petitioner and two of the ladies arrested, yet keeping in mind all the facts and circumstances, I do not deem it appropriate to deny the concession of bail to the petitioner. In this view of the matter, I deem it appropriate to grant the CRM-M No. 25327 of 2011(O&M) -2- concession of anticipatory bail to the petitioner. Let the petitioner appear before the investigating officer on 30.09.2011 between 10.00 a.m. and 4.00 p.m. and on any other date on which his presence is required by the investigating officer. The investigating officer, on his appearance, shall release him on bail to his satisfaction, subject to the conditions laid down in Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE September 22, 2011 sunita