CRM No.M-583 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 08.08.2011 1) CRM-M No.583 of 2010 Sunil Kumar …Petitioner Versus State of Punjab …Respondent 2) CRM-M No.21633 of 2011 (O&M) Sunil Kumar …Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. S.P.S. Sidhu, Advocate for the petitioner. Mr. Rajinder Mathur, A.A.G., Punjab. CRM No.M-583 of 2010 -2- AJAY TEWARI, J. (ORAL) This order shall dispose of CRM-M No.583 of 2010 and CRM-M No.21633 of 2011 since the question of law involved in both the cases is same. These petitions have been filed under Section 439 Cr.P.C. for grant of bail to the petitioner in case F.I.R. No.212 dated 18.09.2009 registered under Sections 21, 61 and 85 of the N.D.P.S. Act at Police Station Zirakpur, District S.A.S. Nagar, Mohali. The recovery is of 950 gms of smack. Learned counsel for the petitioner has argued that the mandatory provisions under Section 42 were not followed. It is the matter which the learned trial Court has to examine and evaluate. It is further not disputed that the petitioner has now been in custody for almost 2 years. Apart from that learned counsel for the petitioner has stated that the petitioner is on interim bail till today on account of the death of his mother-in-law whose Bhog ceremony is alleged to be held tomorrow. Learned Assistant Advocate General on instructions from ASI Gurcharan Singh has stated that 5 out of the 13 witnesses have already been examined and the prosecution shall conclude its entire evidence within the year 2011. CRM No.M-583 of 2010 -3- In my considered opinion, learned counsel for the petitioner has not been able to make out a case for regular bail. In this view of the matter, I do not deem it appropriate to grant the concession of bail to the petitioner. Accordingly, these petitions stand dismissed. However, the interim bail granted to the petitioner by order dated 02.08.2011 will continue till 11.08.2011 and the petitioner is directed to surrender to the jail authorities on 12.08.2011 at 10 A.M. A photocopy of this order be placed on the file of a con- nected case. ( AJAY TEWARI ) August 08, 2011 JUDGE ashish