CRM-M-23736 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-23736 of 2011 (O&M) Date of Decision:16.08.2011 Nazar Hussain . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.K.K. Saini, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.34 dated 18.03.2010 under Sections 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Zira, District Ferozepur. Learned counsel for the petitioner has submitted that the petitioner had earlier applied for bail in CRM-M-35679 of 2010 in which the following order was passed: “Learned counsel for the petitioner has stated that he may be permitted to withdraw this petition at this stage, however, trial Court be directed to expedite the trial. Dismissed as withdrawn at this stage. However, trial Court is requested to expedite the trial and not to grant unnecessary adjournment either of the party.” Learned counsel for the petitioner has submitted that thereafter four dates have been given by the learned trial Court but the prosecution had failed to examine any witness and the allegation against the petitioner is that he was found in possession of 3.5 Kg of opium without any permit or license and his bail CRM-M-23736 of 2011 (O&M) - 2 - application has been dismissed on the ground that the recovery is commercial in nature to which rigour of Section 37 of the NDPS Act is attracted. He reiterates his request for grant of bail or in the alternative an appropriate order for expediting the trial. After hearing learned counsel for the petitioner and taking into consideration the facts and circumstances of the case, I am of the view that the petitioner is not entitled for grant of bail in terms of Section 37 of the NDPS Act, however, learned Trial Court, who is seized of the matter, has already been requested by this Court vide order dated 30.5.2011 to expedite the trial and not to grant unnecessary adjournment to either of the party but still the prosecution is not examining the witnesses. The learned trial Court may look into this matter consciously and press upon the prosecution to examine their witnesses on 26.8.2011 i.e. the date already fixed. The present petition is disposed of. Copy dasti. (RAKESH KUMAR JAIN) AUGUST 16, 2011 JUDGE Vivek