Criminal Misc. No. M-33272 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33272 of 2010 Date of decision : 01.12.2010 Amarjeet Singh @ Babbu ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Hitesh Verma, Advocate for the petitioner. Ms. Shalini Atri, DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 584 dated 17.12.2009 under Sections 15, 61 & 85 of NDPS at Police Station Ratia, District Fatehabad. Learned counsel for the petitioner submits that co-accused from whom recovery was effected was granted bail by Sessions court on 22.01.2010. According to him, the quantity of contraband involved in the case falls in the category of small quantity and thus Section 37 of NDPS Act is not attracted. Learned State counsel has opposed the prayer for bail on the ground that petitioner was declared a proclaimed offender due to which bail was refused. I have heard learned counsel for the parties. Criminal Misc. No. M-33272 of 2010 2 It appears that petitioner has been in custody since 07.09.2010 and contraband recovered from him does not fall in the category of commercial quantity. Under the circumstances, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody during the pendency of trial. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehabad. December 01, 2010 (RAJAN GUPTA) Ajay JUDGE