Criminal Misc. No. M-2730 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-2730 of 2011 Date of decision : 24.02.2011 Suba Singh ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Vikas Malik, AAG 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. 368 dated 31.08.2005 under Sections 15 of the NDPS Act at Police Station Assandh, District Karnal. Learned counsel for the petitioner contends that petitioner has been in custody since 15.06.2010. According to him, allegation against the petitioner is that he supplied 04 kgs of poppy husk to one Kulwinder Kaur. According to learned counsel, trial of the case is in progress, thus, no useful purpose would be served by detaining the petitioner in custody any longer. Learned State counsel has opposed the prayer for bail on the ground that petitioner was declared a proclaimed offender earlier. He, Criminal Misc. No. M-2730 of 2011 2 however, submits that in case petitioner is to be enlarged on bail, the same should be subject to stringent conditions. Heard. Keeping in view the aforesaid contentions, non commercial quantity of contraband recovered in the alleged recovery and the period of incarceration of the petitioner, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. 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, Karnal. This, however, will be subject to heavy surety and/or any other condition(s) which the trial court may deem fit to impose. February 24, 2011 (RAJAN GUPTA) Ajay JUDGE