Crl.M.No.M-1244 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-1244 of 2011(O&M) Date of Decision: May 5, 2011 Kapil Singh .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.V.S.Rana, Advocate for the petitioner. Mr.Inderesh Goel, Additional Advocate General, Haryana. ..... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.303, dated 1.6.2010, registered under Section 15 of the Narcotic Drugs and Psychortopic substances Act, 1985, registered at Police Station Assandh, District Karnal. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Judge, Special Court, Karnal, vide which application filed by present petitioner for grant of regular bail has been dismissed. It has been contended by learned counsel for the petitioner that recovery allegedly effected from petitioner-accused is 45 kg of poppy husk, which is non commercial one and that he is not a previous convict and not involved in any other case and that he has been continuing in custody since 1.6.2010. It is further contended that the only two witnesses were remained to be examined and, however, the trial is not making any progress since the filing of this petition, i.e., 19.1.2011 and, prosecution has failed to get these two witnesses examined. These facts are not disputed by learned State counsel. There are no allegations on behalf of the State that petitioner is Crl.M.No.M-1244 of 2011(O&M) -2- likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. There are also no allegations that he will indulge in these types of activities again, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Kapil Singh for grant of regular bail is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Karnal. 5.5.2011 (Ram Chand Gupta) meenu Judge