In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-535 of 2009 Date of decision: 18.3.2009 Lakhbir Singh @ Beera ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.SPS Sidhu, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Lakhbir Singh @ Beera under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 134 dated 11.9.2007, under Sections 18/ 25/ 61/ 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Chheharata, District Amritsar. As per the prosecution case 4 kg 50 gms of opium was recovered from the motor cycle driven by the petitioner. As per the report of the Chemical Examiner, the sample of opium contained 1.0% Morphine. Learned counsel for the petitioner has submitted that charge was framed on 21.1.2009 but so far no witness has been Criminal Misc. No.M-535 of 2009 -2- examined. The petitioner is in custody since 11.9.2007. Learned State counsel, on the other hand, has opposed this petition and, on instructions from ASI Satnam Singh, has submitted that the petitioner is not involved in any other case. Keeping in view the fact that the petitioner is in custody since 11.9.2007 and charge has been framed only on 21.1.2009 and also the factum of percentage of Morphine in the recovered contraband, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Amritsar. (SABINA) JUDGE March 18, 2009 anita