Crl Misc No. M 31618 OF 2009. ****** Yamin vs State of Haryana Present : Mr. H.S.Brar, Advocate for the petitioner. Mr. Ajay Singh Ghanghas, Addl.A.G Haryana for the respondent. ******* This is a petition for anticipatory bail in case FIR No.287, dated 16.10.2009, registered under Sections 15 and 18 of the NDPS Act, at Police Station Murthal, District Sonipat, wherein recovery of 5 kgs of poppy husk and 240 grams of opium is alleged to have been made from a parked car of the petitioner. Counsel for the petitioner has submitted that the petitioner has never been convicted earlier and that in any case the recovery was not made from the person of the petitioner and that the alleged recovery is of non- commercial quantity. He has relied upon a judgment of this Court in Sulakhan vs State of Punjab, 2008(2) RCR (Crl) 832, wherein it has been held as follows :- “ 7. Taking into account the legislative interdict and shift in the sentencing policy and the liberalisation of the rigid conditions governing the grant of bail and the fact that he had already been granted interim bail, I am of the view that totality of circumstances warrant that the petitioner-accused be extended the benefit of anticipatory bail. Consequently, his bail application is accepted. It is directed that in the event of his arrest he shall be Crl. Misc No. M 31618 of 2009 : 2 : admitted to bail by the Arresting Officer on his furnishing bail bond and surety bond to his satisfaction undertaking therein to abide by the conditions laid down under Section 438(2) of the Code.” Counsel for the State of Haryana, however, states that in an earlier case, three employees of the petitioner were arrested with 27 kgs of poppy husk which they had secreted in a tractor owned by the petitioner and, therefore, the petitioner would be deemed to be involved in that case also. In my opinion, keeping in view the decision of this Court in Sulakhan's case (supra), it would be in the interest of justice, if the petitioner is granted the concession of anticipatory bail. Consequently, it is directed that in case the petitioner appears before the Investigating Officer on 8.12.2009 from 11AM to 3 PM, he shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438(2) of the Cr.P.C. The petition stands disposed of. ( AJAY TEWARI ) December 04, 2009. JUDGE `kk'