IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-30044 of 2008 Date of decision : 31.03.2009 Gurjant Singh @ Banty ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ajay Pal Singh, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition for grant of bail registered against the petitioner under Section 15/61/85 of N.D.P.S. Act vide FIR No. 140 dated 01.08.2007 at police station Dirba, district Sangrur. Counsel for the petitioner has submitted that co-accused have been acquitted by Special Court, Sangrur vide judgment dated 29.05.2008 (annexure P-1 to the petition) and the petitioner is in custody since 01.09.2008. According to the counsel, no useful purpose would be served by keeping the petitioner in custody during the pendency of the trial. Learned counsel for the State has however, opposed the bail on the ground that the petitioner surrendered himself only after his co-accused were acquitted in the case. According to the counsel the petitioner is not entitled to concession of bail as Section 37 of the NDPS Act is attracted to this case. Keeping in the view the facts and circumstances of the case, I am of the considered view that petitioner is not entitled to bail pending trial Crl. Misc No. M-30044 of 2008 -2- as Section 37 of the NDPS would stand in his way. This apart, petitioner was declared a proclaimed offender and thus there is no merit in the prayer for grant of bail to the petitioner at this stage. However, since the co-accused have been acquitted in the FIR in question, it is directed that trial court shall endeavor to conclude the trial expeditiously. 31.03.2009 (RAJAN GUPTA) Ajay JUDGE