Criminal Misc.No. M- 14047 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. M- 14047 of 2010 Date of decision:- 18.5.2010 Lal Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Ram Kumar Chauhan, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab with HC Lakhwinder Singh. RAM CHAND GUPTA J.(Oral) The present petition has been filed under Section 438 Cr.P.C. by the petitioner for grant of anticipatory bail in case FIR No.54 dated 05.3.2010, under Section 15/61/85 of NDPS Act, registered at Police Station Haibowal, District Ludhiana. I have heard learned counsel for the parties and have gone through the whole record carefully. As per allegations 10 kg of poppy husk was recovered from the possession of three accused from the house. Further allegations are that the said house was in possession of the present petitioner-accused as tenant. However the said fact has been denied by learned counsel for the petitioner. The prosecution has not been able to show any evidence on the basis of which it is said that the petitioner was in possession of the house on that day as tenant. Admittedly, he is not owner of the said house. Name of petitioner is Lal Singh son of Chhinder Singh, whose name is not named in the FIR and the name of the accused has been mentioned as Bobby. It has been stated by learned counsel for the State on instructions from HC Lakhwinder Singh that the petitioner is not required for any custodial interrogation by the police and that he be directed to join the investigation. Criminal Misc.No. M- 14047 of 2010 -2- Further stated on instructions that petitioner is not involved in any other case. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition moved by the petitioner is accepted. However, petitioner is directed to join the investigation and in case of arrest, he be released on bail to the satisfaction of Arresting Officer subject to compliance of conditions contained in Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. May 18, 2010 ( RAM CHAND GUPTA ) vj JUDGE