Criminal Misc. No. M-13231 of 2011 1 Criminal Misc. No. M-13598 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 19.05.2011 Criminal Misc. No. M-13231 of 2011 Gurmesh ....Petitioner V/s State of Haryana ....Respondent Criminal Misc. No. M-13598 of 2011 Satnarain @ Bablu ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. B.S. Saroha, Advocate for Mr. Gorakh Nath, Advocate for the petitioner in Criminal Misc. No. M-13231 of 2011. Mr. Jitender Dhanda, Advocate for the petitioner in Criminal Misc. No. M-13598 of 2011 Mr. Vikas Malik, AAG Haryana. RAJAN GUPTA J. (ORAL) This order shall dispose of aforementioned two petitions filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioners vide FIR No. 54 dated 01.02.2011 under Sections 18/27-A/21 of the Narcotic Drugs and Psychotropic Criminal Misc. No. M-13231 of 2011 2 Criminal Misc. No. M-13598 of 2011 Substances Act, 1985 (hereinafter to be referred as ‘the Act’) at Police Station Sadar Fatehabad. Learned counsel for the petitioners contends that the quantity of contraband (2 kgs of opium) recovered from the petitioners is non- commercial in nature. He submits that petitioners are in custody since 01.02.2011, investigation of the case has been completed and challan presented before the competent court of jurisdiction. He further submits that petitioners are not involved in any other case under the Act. According to him, trial may take long time to conclude, thus, no useful purpose would be served by detaining the petitioners in custody during its pendency. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioners are serious. He, however, does not dispute the fact that investigation has been completed and challan presented before the competent court of jurisdiction. He, on instructions from ASI Ramji Lal, who is present in court, agrees that petitioners are not involved in any other case under the Act. Keeping in view the aforesaid contentions, period of incarcerations of the petitioners and the quantity of contraband recovered from them is stated to be non-commercial in nature, I am of the considered view that no useful purpose would be served by detaining the petitioners in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioners. Accordingly, the petition is allowed and petitioners are ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehabad. Criminal Misc. No. M-13231 of 2011 3 Criminal Misc. No. M-13598 of 2011 May 19, 2011 (RAJAN GUPTA) Ajay JUDGE