Crl. Misc. No. M-19009 of 2010 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-19009 of 2010 (O&M) Date of decision: 15.7.2010 Samma ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Parveen Chauhan, Advocate, for the petitioner. Mr. Gaurav Dhir, Deputy Advocate General Haryana. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as “the Act”) at Police Station Civil Lines, Karnal, District Karnal, vide FIR No.221 dated 10th March, 2010. Learned counsel for the petitioner submits that allegation against the petitioner is of being in possession of 500 grams of Charas which is a non-commercial quantity. According to him, Section 37 of the Act is not attracted to this case. He further submits that the petitioner is in custody since 10th March, 2010 and no useful purpose will be served by detaining him in custody any longer. Learned State counsel does not dispute the fact that allegation against the petitioner is of being in possession of non- Crl. Misc. No. M-19009 of 2010 commercial quantity of contraband. He, has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. Keeping in view the admitted position that allegation against the petitioner is of possession of non-commercial quantity of contraband and the fact that the petitioner is in custody since 10th March, 2010 and trial is still at the stage of recording of prosecution witnesses, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Karnal. (RAJAN GUPTA) JUDGE 15.7.2010 'rajpal'