IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-23313 of 2009 (O&M) Date of Decision:- 09.09.2009 Sandeep Garg ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Rakesh Verma, Advocate, for the petitioner. Mr.Yash Pal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. By this order, I propose to dispose of two petitions bearing Crl.Misc.No.M-23313 of 2009 titled as Sandeep Garg vs. State of Haryana and Crl.Misc.No.M-23564 of 2009 titled as Ashok Kumar vs. State of Haryana. Counsel for the petitioners contends that the petitioners are in custody since 24.7.2009 and the allegations which have been made against them in the FIR are not sustainable rather the offence, if any, is made out under the Fertilizer Control Order, 1985 under the Essential Commodities Act, 1955. He contends that the petitioners are in custody since the date when the FIR had come into existence and now they may be granted the concession of bail. Counsel for the State, on the other hand contends that 14 samples were taken out of which five were found to be “non-standard” and, therefore, he contends that the petitioners should not be enlarged on bail. Crl.Misc.No.M-23313 of 2009 (O&M) -2- I have heard counsel for the parties and have gone through the records of the case. In the light of the fact that the petitioners are in custody since 24.7.2009 and the proceedings are not likely to conclude soon and the moot question which needs to be looked into is as to whether or not the offence which is made out, would be punishable under the IPC or under the Fertilizer Control Order under the Essential Commodities Act, the present application is allowed and the petitioners are directed to be released on bail to the satisfaction of the trial Court. September 09, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE