S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE Petitioner Amrik Singh seeks pre -arrest bail for the offence registered under Section 15 of the NDPS Act. The FIR in the present case has been registered on the basis of memo (Ruqa) sent by SI Rulda Singh, In -charge, Police Station City Samana to the In -charge, Police Station Sadar, Samana. Sh. Rulda Singh has submitted for registration of case against Amrik Singh (Petitioner) along with others for the offence under Section 15 of the NDPS Act. SI Rulda Singh along with other Police officials were going in a private gypsy and at Dr. Ambedkar Chowk, Samana, Sukhchain Singh met them and the Sub Inspector started talking to him. In the meantime, secret information was received that at night poppy husk would be brought over the side path of canal by Barkha Singh Sansi Muradpur along with his son -in -law Amrik Singh. If a raid is conducted poppy husk could be recovered. Sukhchain Singh was associated with the Police party. The Sub Inspector along with the Police party reached the spot. At that time, two persons standing on the path of the canal along with two motorcycles were putting the bags on motorcycle after taking the same from another motorcycle. On seeing the gypsy they started one motorcycle and ran away from the spot after leaving behind one of the motorcycles as well as three bags of poppy husk at the spot. One of the persons was identified by Constable Surjit Singh as Barkha Singh Sansi and his son -in -law Amrik Singh (Petitioner). They were previously known to Constable Surjit Singh. Despite a chase they managed to escape. The Petitioner, therefore, admittedly was not apprehended at the spot. The contraband that was recovered weighed about 80 Kgs. The case of the Petitioner is that the Police party was admittedly travelling in a private gypsy and, therefore, in case the Petitioner was present he would not have suspected it to be that of a Police party that was conducting a raid. Therefore, it would have been difficult for the Petitioner to run away from the spot. It is also submitted that the particulars of the private gypsy are not mentioned and neither its number is mentioned. Besides, as per allegations in the FIR one motorcycle was recovered by the Police party, however, the number of the motorcycle has not been mentioned. It is also submitted that the Petitioner has never been involved in any other case.
(3.) LEARNED Counsel for the State, on instructions from ASI Bhagwan Dass, Police Station City, Samana, has submitted that the Petitioner, in compliance with the order dated 1.8.2007, has joined the investigation and his custody is not required for the purpose of investigation.;