Criminal Misc. No. M-6876 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6876 of 2011 Date of decision : 27.05.2011 Mukesh Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. KDS Hooda, Advocate for the petitioner. Mr. Sidharth Sarup, Dy. Advocate General, 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. 865 dated 01.09.2010 under Section 18 of the NDPS Act at Police Station City Panipat, District Panipat. Learned counsel for the petitioner submits that petitioner was apprehended while being allegedly in possession of 2.5 kilograms of opium. According to him, only quantity higher than 2.5 kilograms would fall in the category of commercial quantity. He submits that petitioner is in custody since 02.09.2010 and trial of the case may still take long time to conclude, thus, petitioner deserves to be enlarged on bail. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, does not dispute the fact that petitioner was found in possession of 2.5 kgs of Criminal Misc. No. M-6876 of 2011 2 opium. He has filed affidavit of Naresh Kumar ASI, CIA staff, Panipat in this regard. Keeping in view the period of incarceration of the petitioner and the fact that he has been accused of being in possession of contraband which cannot be said to be commercial in nature, 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, Panipat. May 27, 2011 (RAJAN GUPTA) Ajay JUDGE