IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-32477 of 2011 Date of decision : December 13, 2011 Satender Kumar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. NP Jetley, Advocate, for the petitioner Mr. CS Bakshi, Addl. AG Haryana L.N. Mittal, J. (Oral) Accused Satender Kumar has filed this petition for bail in case FIR No. 145 dated 3.5.2011 under sections 18,27,28,29 of NDPS Act, registered at Police Station Parao, Ambala Cantt. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on receipt of secret information that petitioner and his friends and co-accused Rohit Chhabra were dealing in narcotics and were present near Bus Stand Mohra, naka was laid by the police. Rohit Chhabra who came on motorcycle was intercepted and 900 grams opium was recovered from him. He disclosed that the present petitioner had assured him and his friends that they would be paid Rs 10,000/- for delivering the aforesaid opium at the destination. Criminal Misc. No. M-32477 of 2011 -2- Counsel for the petitioner contended that the petitioner is in custody since 16.8.2011 i.e. almost four months. This factual position is admitted by learned State counsel on instructions from SI Babu Ram. Counsel for the petitioner also contended that no recovery was effected from the petitioner whereas Rohit Chhabra from whom the recovery was effected has already been granted bail. Quantity of opium recovered from the petitioner's co-accused is non-commercial. Learned State counsel admitted this factual position also. It was, however, submitted by State counsel that in addition to disclosure made by Rohit Chhabra about involvement of the petitioner, there is also evidence of call details depicting telephonic contact between Rohit Chhabra and the present petitioner. I have carefully considered the rival submissions. Keeping in view all the circumstances of the case but without meaning to express any opinion on the merits of the case, I am of the considered opinion that the petitioner deserves to be released on bail. Accordingly, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ambala. ( L.N. Mittal ) December 13, 2011 Judge 'dalbir'