Criminal Misc.-M No.29751 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No.29751 of 2011 (O&M) Date of decision: 17.10.2011 Mindo .... Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Prateek Pandit, Advocate, for the petitioner. Mr. K.S. Pannu, DAG, Punjab. ---- Rajesh Bindal, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is an accused in FIR No.74 dated 16.08.2011 under Sections 15/61/85 of NDPS Act, 1985 registered at Police Station Fattu Dhinga, District Kapurthala. Learned counsel for the petitioner submitted that she has been falsely implicated for carrying 3 Kilograms of poppy husk. It is alleged that she was carrying a polythene bag and after seeing police party she threw the bag and ran away. There were four policemen on motor cycles but still, they did not make any effort to catch her. On the other hand, learned counsel for the State submitted that the petitioner had run away in the residential area of the village. There is another FIR registered against the petitioner for recovery of 4 Kg of Poppy husk and as such, the petitioner does not deserve the concession of pre-arrest bail. After hearing learned counsel for the parties and considering the fact that the petitioner is stated to have run away from the Criminal Misc.-M No.29751 of 2011 (O&M) -2- spot while throwing the polythene bag where four police men present on motor cycles, in my opinion, the petitioner is not required to be taken into custody for interrogation. She is directed to appear before Investigating Officer on 31.10.2011 at 10:00 a.m. for joining investigation and in case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. She shall appear before the Investigating Officer as and when called upon for further investigation. She shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 17.10.2011 sonika