Crl. Misc. No. M-29355 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29355 of 2010 (O&M) Date of Decision: October 28, 2010 Anuj Kumar and another ........Petitioners Versus State of Haryana .......Respondent ******* CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. B.S. Saroha, Advocate for Mr. Rahul Vats, Advocate, for the petitioners. Mr. Satyavir Singh Yadav, DAG, Haryana. SABINA, J. Petitioners have filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.141 dated 13.5.2010, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sector 31, Faridabad. As per the prosecution case 13 kg of ganja was recovered from the petitioner. Learned counsel for the petitioners has submitted that the petitioners are in custody since 13.5.2010. Challan has already been presented in this case and petitioners are not required for further investigation. Learned State counsel, on the other hand, has opposed the petition. On a query put up by this Court, learned State counsel, on Crl. Misc. No. M-29355 of 2010 (O&M) 2 instructions from ASI Madan Gopal, has submitted that the petitioners are not involved in any other criminal case or under the Act. Keeping in view the fact that the petitioners are in custody since 13.5.2010, it would be just and expedient to release the petitioners on bail. Whether the petitioners are guilty of the offence alleged to have been committed by them or not would more appropriately be gone into and considered during trial. Since the petitioners belong to Bihar, it would be appropriate if local surety is taken at the time of their release on bail. Accordingly, this petition is allowed. Petitioners be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Faridabad. (SABINA) October 28, 2010 JUDGE Anand