JUDGMENT :

Vikas Bahl, J.

1. This is a first petition under Section 438 Cr.P.C. for anticipatory bail to the petitioner in FIR no.38 dated 05.02.2022 registered under Sections 21(b)/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Bhuna, District Fatehabad.

2. Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and no recovery has been effected from the petitioner. The petitioner has only been implicated on the basis of statement of co-accused Amarjeet @ Amni from whom the alleged recovery of 30 grams 45 milligrams of heroin has been effected. It has been stated that even the said recovery from Amarjeet @ Amni is of non-commercial quantity as the commercial quantity of heroin is stipulated at 250 grams.

3. Reliance has been placed upon the judgment of the Hon'ble Supreme Court in case titled as “Tofan Singh vs. State of Tamil Nadu” reported as 2021 (4) SCC 1 and upon the judgment passed in CRM-M-12051-2020, by a coordinate Bench of this Court dated 17.06.2021 titled as “Mewa Singh Vs. State of Punjab” and the judgment passed in CRM-M-12997-2020 titled as “Daljit Singh Vs. State of Har