Crl. Misc. No. M-20520 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-20520 of 2010 (O&M) Date of Decision: September 16, 2010 Charno w/o Mohinder Pal and others ........Petitioners Versus State of Punjab .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. R.P. Dhir, Advocate, for the petitioners. Ms. Rajni Gupta, Addl.A.G. 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.68 dated 16.6.2009, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') registered at Police Station Division No.8, Ludhiana. As per the prosecution case 123 kg 500 gms of poppy husk was recovered from the petitioners and their co-accused while they were travelling in a bus. Learned counsel for the petitioners has submitted that the petitioners are ladies and are in custody since 16.6.2009. No prosecution witness has been examined so far. Learned State counsel, on the other hand, has opposed the petition. On a query put up by this Court, learned State counsel on the Crl. Misc. No. M-20520 of 2010 (O&M) 2 instructions from ASI Gurbachan Singh has submitted that the petitioners are not involved in any other criminal case. Keeping in view the fact that the petitioners are in custody since 16.6.2009 and no prosecution witness has been examined so far and the fact that recovery was effected from a bus from 6 persons and the petitioners are ladies, it would be just and expedient to release the petitioners on bail. Whether the petitioners are guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate Ludhiana. (SABINA) September 16, 2010 JUDGE Anand