In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-18299 of 2010 ..... Date of decision:16.8.2010 Gurmukh Singh alias Nindi .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Sandeep Kumar, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. Mr. S.K. Vohra, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act' – for short). The FIR in the case has been registered on the basis of memo sent by ASI Jagar Singh, CIA Staff, Khanna from Bus Stand Bagli Kalan. It is alleged by ASI Jagar Singh that on 24.8.2009 at about 4.30 p.m. he along with other Police officials was patrolling in the area and checking suspicious persons. When he was present at Bus Stand Bagli Kalan, he received a secret information that Balwinder Kaur alias Bindu wife of petitioner-Gurmukh Singh alias Nindi and Shinder Kaur deal in the sale of poppy husk. If a raid is made then huge quantity of poppy husk could be recovered. The information was found to be credible and selling of poppy Cr. Misc. No.M-18299 of 2010 [2] husk by Balwinder Kaur alias Bindu wife of the petitioner-Gurmukh Singh and Shinder Kaur constituted an offence under Section 15 of the NDPS Act. A raid was conducted at the house of the accused in the presence of Shri Ravinder Loomba, DSP, Samrala. However, the accused managed to escape from the roof of their house. On search from the room three plastic bags of white rugged colour were recovered from the iron box (Loha Peti). The bags were found to contain poppy husk which on weighment came to 180 kgs. The petitioner was not apprehended at the spot. Leaned counsel for the petitioner has referred to the photographs (Annexure-P.4) to contend that there is no staircase adjoining to the house of the petitioner and there is only one gate and there are temporary bricks in the wall. Therefore, it cannot be said that the accused could run away and escape from the Police party. As such, it is submitted that the entire story is false. The co-accused of the petitioner i.e. his mother, namely, Shinder Kaur has been granted bail vide order dated 28.5.2010 (Annexure-P.7). There is no other criminal case against the petitioner; besides, no recovery has been effected from the person of the petitioner. In the circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail. The criminal miscellaneous petition stands disposed of. August 16, 2010. (S.S. Saron) Judge *hsp*