CRM-M-20600 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20600 of 2011 Date of Decision: 09.08.2011 Balwinder Singh @ Lala (Now confined in District Jail, Faridkot) . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Vivek Goel, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.148 dated 07.12.2009 under Section 15 of the Narcotic Drugs and Psychotropic Substances, 1985 (for short ‘NDPS Act’) at Police Station Sadar Moga, District Moga. The police had conducted a raid on secret information that the petitioner is at the house of Jasbir Singh where they are going to sell the poppy husk. When the police went there, the petitioner allegedly ran away from the spot and the poppy husk was recovered from the possession/house of Jasbir Singh. The petitioner is alleged to have been arrested after four months of the occurrence. Learned counsel for the petitioner has submitted that the petitioner is in custody since 2.4.2010. The recovery is from the house of Jasbir Singh and he was not apprehended at the spot. In reply, learned counsel for the State has submitted that the petitioner is previous convict under the NDPS Act in a case registered in the year 2004 in respect of 24 kg of poppy husk. Learned counsel for the petitioner has submitted that he was only punished with a fine of `500/- and thereafter he has been involved in this false case. CRM-M-20600 of 2011 - 2 - After taking into consideration the facts of this case and that the alleged recovery is not effected from the petitioner who was not even apprehended at the spot, the present petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) AUGUST 09, 2011 JUDGE Vivek