Crl. Misc. No.M-7451 of 2011 (O&M) ****** Balwinder Singh Vs. State of Punjab Present : Mr. A.S. Barnala, Advocate for the petitioner. Dr. U.S. Dhaliwal, Addl.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.17 dated 10.02.2011 registered under Sections 15, 61 and 85 of the NDPS Act at P.S. Dharamkot, District Moga. On 10.03.2011 the following order was passed:- “Learned counsel has argued that the person who is named in the FIR was Maghar Singh son of Gurmej Singh while the petitioner is Balwinder Singh son of Gurmej Singh, still the police is continuously raiding his house. Notice of motion. Mr. Gazi Mohammad, DAG, Punjab, at the asking of the Court, accepts notice on behalf of the respondent-State. Learned counsel for the petitioner has supplied a copy of the petition to the learned DAG today in Court itself. Adjourned to 22.03.2011.” Apart from that learned counsel for the petitioner has stated that the alleged recovery is of only 5 kg of poppy husk. Crl. Misc. No.M-7451 of 2011 (O&M) -2- On instructions from ASI Harpal Singh learned Addl. Advocate General, Punjab has stated that as per the Investigating Officer the petitioner is also known as Maghar Singh in the village. Be that as it may, it cannot be denied that there is a loophole in the FIR. Apart from that the alleged recovery is of only 5 kg of poppy husk. In the circumstances, without expressing any opinion on the merits of the case, I deem it appropriate to grant anticipatory bail to the petitioner. Ordered accordingly. In the event of arrest of the petitioner, he shall be released on bail to the satisfaction of Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) March 25, 2011. JUDGE ashish