IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M- 36141 of 2009(O&M) Date of Decision: 06.04.2010. Mukhtiar Singh @Mukha. ...... PETITIONER Versus State of Punjab. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. D.D.Sharma, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed by Mukhtiar Singh @Mukha for regular bail under Section 439 of Code of Criminal Procedure in FIR No.89 dated 15.05.2008, under Sections 21/25/61/85 of NDPS, Act and 489/A.B.C. of IPC, registered at P.S. Chhehartta, District Amritsar. I have heard learned counsel for the parties and have gone through the whole record. It has been argued by learned counsel for the petitioner that no recovery of Heroin has been effected from the present petitioner – accused and that recovery allegedly effected from the petitioner – accused is only Rs.3 lacs fake currency notes and that even learned trial Court has framed CRM No.M-36141 of 2009 charge for offence under Section 489C IPC only against the petitioner – accused and that co-accused have been charged for offence under NDPS Act. It is further contended that offence under Section 489C IPC is bailable one. It has also been stated by learned counsel for the State, on instruction from ASI. Malkit Singh, that recovery effected from the petitioner – accused is only Rs.3 lacs fake currency notes and charge framed against him is only for offence under Section 489C IPC. Hence, keeping in view these facts and without expressing any opinion on merits, the instant bail application filed by Mukhtiar Singh @Mukha is accepted. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar. ( RAM CHAND GUPTA ) April 6, 2010. JUDGE 'om' 2