The court considered the non-involvement of the petitioner in any other case under the NDPS Act, the non-commercial quantity of the recovered substance, and the petitioner's acquittal in previous cases as grounds for granting anticipatory bail.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against her vide FIR No.276 dated 03.10.2020 at Police Station Bhawanigarh, District Sangrur, under Sections 22/29 of the NDPS Act.

2. At the time of issuance of notice of motion on 10.03.2021, the following order was passed:

"Prayer is for grant of anticipatory bail in case FIR No.276 dated 03.10.2020 under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Bhawanigarh, District Sangrur. As per allegations in the FIR, 300 tablets of CLOVIDOL-100-SR (Tramadol Hydrochloride) were recovered from Paramjit Singh @ Pammi-husband of the petitioner. The name of the petitioner is alleged to have surfaced in the disclosure statement of said Paramjit Singh.

Learned counsel for the petitioner contends that the recovery is of non-commercial quantity. Though the petitioner was earlier involved in cases registered under Section 379 IPC, but she has been acquitted in both the cases of the charges. There is no other case under the NDPS Act registered against the petitioner. Notice of motion for 07.07.2021.

xx xx"

3. Learned State counsel upon instructions has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that the petitioner is not involved in any other case under NDPS Act.

4. In view of the aforestated position, wherein the petitioner was not arrested at the spot nor any recovery was effected from her and while also noticing that she has already joined investigation and is not wanted in any other case under NDPS Act, the petition is accepted and the interim directions issued by this Court vide order dated 10.03.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.