IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 3839 of 2011(O&M) Date of Decision: April 1, 2011. Rajesh Kumar ...... PETITIONER(s) Versus State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. A.K.Malik, Advocate for the petitioner. Mr. Indresh Goyal, Addl.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR No.499 dated 15.05.2010, under Section 18 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘Act’), registered at Police Station city Panipat, Tehsil and District Panipat. I have heard learned counsel for the parties and gone through the record. CRM No.M-3839 of 2011 It has been argued by the learned counsel for the petitioner- accused that recovery of 1kg. 240gms. of opium allegedly effected from him is non-commercial quantity of opium and hence, rigour of Section 37 of the Act is not attracted. He has further contended that petitioner is not involved in any other case and that he has been continuing in custody since 15.05.2010. Further contends that trial is not likely to be concluded in near future as only six witnesses out of thirteen have been examined. He has also stated that all the witnesses are official witnesses. Hence, it is contended that no purpose would be served by keeping the petitioner-accused further more in custody. Learned counsel for the State has not disputed these facts. It has been stated by learned counsel for the State that only six formal witnesses have been examined and that the case is fixed for 04.04.2010 for remaining evidence. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Rajesh Kumar is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Panipat. ( RAM CHAND GUPTA ) April 1, 2011. JUDGE 'om' 2