JUDGMENT Ajai Lamba, J. (Oral):- This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.110 dated 10.12.2008 under Section 22 of the Narcotics Drugs & Psychotropic Substances Act, 1985 registered with Police Station, Verowal, District Tarn Taran. 2. Learned counsel contends that petitioners were appearing till 3.3.2010. Petitioner No.2, Mangal Singh @ Manga, is also facing trial in case FIR No.127 of 2009 under Section 22 of the Narcotics Drugs & Psychotropic Substances Act, 1985, Police Station, Verowal and was required to appear on 3.3.2010 before Shri Sukhdev Singh, Judge, Special Court, Tarn Taran. Order Annexure P-1 indicates that the said petitioner was present and charge was framed whereto he pleaded not guilty and claimed trial. 3. Learned counsel contends that the petitioners appeared through same lawyer before the Court. In the present case, however, the petitioners have not been marked present and their bail bonds and surety bonds have been cancelled and forfeited to the State. Non bailable warrants of arrest have been issued, hence the apprehension of arrest. 4. Notice of motion. 5. On the asking of the Court, Ms. Rajni Gupta, Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State. Complete copy of the petition has been handed over to her. 6. Heard. 7. I have considered the issue. 8. Perusal of Order Annexure P-1 shows that petitioner, Mangal Singh, was present before the Special Court and charge was framed. In regard to the charge, the said petitioner pleaded not guilty and therefore, the facts cannot be disputed. On the same day, before the same Court, present case was scheduled to be heard wherein petitioners have been marked absent. There seems to be an error in marking the petitioners as absent. 9. Be that as it may, Annexure P-2 cannot be sustained in the facts and circumstances of the case and therefore is set aside. 10. The petition is allowed. 11. The petitioners are directed to appear before the Special Court at Tarn Taran on the date fixed i.e. 10.4.2010. The petitioners shall not be taken in custody and shall be released on bail on their furnishing fresh bail bonds. --------------