IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 33700 of 2008 Date of Decision: February 20, 2009 Sudesh Ram @ Tirath Ram ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Balram Singh, Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General,Punjab ** Sabina, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 205 dated 18.9.2006 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`the Act' for short) at Police Station Sadar Phagwara, District Kapurthala. As per the prosecution case, 105 kilograms of poppy husk was recovered from the possession of the petitioner on 18.9.2006. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 18.9.2006 and only four witnesses have been examined so far. Learned counsel for the State has opposed this petition. Keeping in view the fact that the petitioner has been in custody since 18.9.2006 and the trial has yet not been concluded, Crl. Misc. M No. 33700 of 2008 -2- and learned State counsel has submitted that there is no case of similar nature against the petitioner, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Kapurthala. ( Sabina ) Judge February 20, 2009 arya