CRM-M No. 3117 of 2011 **** Yash alias Jasbir Kaur vs. State of Punjab **** Present: Mr.D.S.Bali, Sr. Advocate with Mr. Salil Bali, Advocate for the petitioner. Dr. U.S.Dhaliwal, Addl. AG, Punjab. **** This is a petition for anticipatory bail filed in case bearing FIR No.171 dated 26.12.2010, under Section 15 of the NDPS Act, registered at Police Station City Makhu, District Ferozepur. Learned Senior Advocate has argued that the recovery is of non-commercial quantity and the petitioner has no criminal background and that the prosecution version seems to be doubtful since it is unlikely that a lady could run away from the place when there were so many policemen comprising the raiding party. He has relied upon CRM-M No. 11824 of 2003 decided on 18.03.2003 and CRM-M No. 48216 of 2008 decided on 17.01.2008 where even though the recovery was of commercial quantity, yet because the accused was not arrested from the spot, the benefit of anticipatory bail was granted to the two accused. Learned Addl. AG has accepted these factual contentions but has argued that the husband of the petitioner is already undergoing sentence of 10 years for smuggling of poppy husk. Be that as it may, in the present case I deem it appropriate to grant the concession of anticipatory bail to the petitioner. In the event of arrest of the petitioner she is ordered to be released on interim bail to the CRM-M No. 3117 of 2011 -2- satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE March 18, 2011 sunita