IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7310 of 2009 (O/M). Date of Decision : July 08, 2009. Varinder Singh alias Kalu son of Iqbal Singh, resident of Village Sangowal, Police Station Bilga, District Jalandhar (Now confined in Central Jail, Ludhiana.). ...... Petitioner. Versus. State of Punjab. ..... Respondent. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Suram Singh Rana, Advocate, for the petitioner. Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent-State. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner submits that 50 kg. of poppy husk has been recovered from the petitioner, which is a non-commercial quantity. He submits that the petitioner was arrested on 12.12.2008 and is in custody since then. He further states that as yet no witness has been examined by the prosecution and he is in jail for the last about seven months. Counsel for the State on the other hand submits that the petitioner was apprehended alongwith a motor cycle, which he was driving, and the recovery was 50 kg. of poppy husk. He submits that it is a case where it would fall with in the non-commercial quantity. He further informs the Court that the next date of hearing before the Trial Court is 25.07.2009 and there are 10 witnesses, who have been cited by the prosecution, will be Criminal Misc. No. M-7310 of 2009. examined. However, he admits that non of the witnesses have been examined till date. Keeping in view the fact that the petitioner is in custody since 12.12.2008 and the recovery is non-commercial, where none of the witnesses have been examined by the prosecution during the period of about seven months, when the petitioner was taken in custody and further that the trial is not likely to conclude soon, no useful purpose would be served by keeping the petitioner in custody further. In view of the above, the present petition is allowed. The petitioner is directed to be released on bail subject to satisfaction of Trial Court/Duty Magistrate, Nawanshahr. (AUGUSTINE GEORGE MASIH) JUDGE July 08, 2009. sjks. -2-