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 for anticipatory bail in FIR No. 103 dated 13.4.2021, under Section 15 of the NDPS Act, 1985, registered at Police Station Patran, District Patiala.

3. A secret information was received that Manish Kumar and his wife Priyanka were indulging in sale of intoxicant substances. Acting on the information, on 13.4.2021 the police raided their residence. Manish Kumar was not available. Priyanka was present and 5 kilograms of poppy husk stored in a plastic bag was recovered from the house. During investigation, Manish Kumar (petitioner) was nominated in the FIR.

4. Learned counsel for the petitioner submits that there was no recovery from the conscious possession of the petitioner; he was nominated on the basis of secret information received. The recovery made is of 5 kilograms of poppy husk i.e. non-commercial.

5. Learned counsel for the State opposes the prayer for grant of anticipatory bail. She submits that the police acted on the basis of secret information and resultantly recovered five kilograms of poppy husk, hence custodial interrogation is nece