Crl.Misc. No. M-24347 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc No. M-24347 of 2010 Date of Decision: September 14, 2010 Krishan Kumar ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.A.S.Sullar,Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab -- Sabina, J. Petitioner-Krishan Kumar has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 11 dated 2.2.2010 under Section 18 of the Narcotic Drugs and Psychotrophic Substances act, 1985 (for short `the Act') registered at Police Station Ahmedgarh, District Sangrur. As per the allegations in the FIR, 2 kilogram and 600 gram of opium was recovered from the Car driven by the petitioner. At that time, Naresh Kumar Pathak was also sitting in the Car. Crl.Misc. No. M-24347 of 2010 2 Learned counsel for the petitioner has submitted that marginally higher quantity than the commercial quantity has been, allegedly, recovered from the petitioner and his co-accused. Petitioner is in custody since 02.02.2010. Challan has already been presented in this case and the petitioner is not required for further investigation. Learned State counsel, who is assisted by ASI Gurmail Singh, has opposed the petition. On a query put by this Court, learned State Counsel has submitted that the petitioner is not involved in any other criminal case. Keeping in view the fact that the petitioner is in custody since 2.2.2010 and is not involved in any other criminal case and the recovery alleged to have been effected from the petitioner and his co-accused is marginally on the higher side, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of this case, this petition is allowed. Petitioner be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Sangrur. ( Sabina ) Judge September 14, 2010 arya