Crl. Misc No. M 7575 OF 2011 ****** Vijay Kumar vs State of Punjab Present : Mr. S.S.Gill, Advocate for the petitioner. Mr. Gazi Mohd. DAG Punjab ******* The petitioner seeks grant of anticipatory bail in case FIR No.59, dated 7.2.2011, registered under Sections 15/61/85 of the NDPS Act, at Police Station Samana, District Patiala. Counsel for the petitioner has argued that the alleged recovery is of 2 kgs of poppy husk which is marginally over the small quantity and that the allegation that the petitioner escaped on foot in the presence of so many police officials is highly improbable. He has relied upon the order dated 10.9.2010, passed in Crl. Misc No. M 13296 of 2010, where in a similar case of the accused having escaped, this Court opined that the establishment of the identity would be a debatable point and on that ground the concession of anticipatory bail was granted. In the circumstances, without expressing any opinion on the merits of the controversy, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Consequently, in the event of his arrest, the petitioner shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions contained in Section 438 (2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) April 01, 2011. JUDGE `kk'