CRM-M No.28027 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.28027 of 2011 (O&M) Date of decision : 15.11.2011 Surinder Kumar ...... Petitioner v. State of Punjab ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. D.V. Sharma, Sr. Advocate with Mr. Arun Jindal, Advocate for the petitioner. Mr. Sumeet Abrol, A.A.G., Punjab. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.36 dated 28.06.2011 registered under Section 22 of the NDPS Act at P. S. Mehal Kalan, District Barnala. Learned senior counsel for the petitioner has argued that the son of the petitioner is a licensed chemist and they had purchased medicines against proper bill. The petitioner was actually picked up from his shop though his arrest was shown in the Naka and mandatory provisions of Section 50 of the NDPS Act were not kept in mind. CRM-M No.28027 of 2011(O&M) ::2:: Learned Assistant Advocate General on instructions from ASI Jasbir Singh has accepted these factual assertions though he argues that there are total three prosecution witnesses who were examined-in-chief and the next date fixed before the learned trial Court is 30.11.2011 for cross- examination of these three prosecution witnesses. In these circumstances, it would not be in the interest of justice to bail out the petitioner. He also undertakes that the said three prosecution witnesses will appear before the learned trial Court on the next date fixed. I find this to be a fair argument. In the circumstances, this petition is dismissed. It is however made clear that in case the said three prosecution witnesses do not appear to subject themselves to cross-examine on the date fixed i.e. 30.11.2011 the learned trial Court shall release the petitioner on bail to its satisfaction. ( AJAY TEWARI ) November 15, 2011 JUDGE ashish