JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition seeking anticipatory bail in FIR No. 95 dated 14.12.2020 under Section 15(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 registered at Police Station Bholath, District Kapurthala.

3. The facts in brief are that on 14.12.2020, acting on a secret information the police party intercepted truck bearing registration No. JK-18-4520. There were three persons in the truck. Two persons, namely, Suhel Ahmed Bandhe and Sukha Singh were apprehended at the spot, however third person was successful in fleeing. 250 kilograms of poppy husk was recovered from the truck. On enquiry, Sukha Singh disclosed that his brother-Lakhwinder Singh @ Matti (petitioner) was the third person who fled.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot and no recovery was made from him. It is argued that secret information was that accused were indulging in smuggling of poppy husk from Jammu & Kashmir to Punjab whereas the allegations in the FIR are that the truck was coming from a different side i.e. not from J&K sid