Crl.M.No.26371-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.26371-M of 2010 Date of Order: 19.11.2010 Salim Khan .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.163 dated 16.6.2010 under Sections 18/61/85/21(61) of NDPS Act, P.S Kharar, District SAS Nagar. As per allegations in the FIR, petitioner along with co-accused was found in possession of heavy quantity of opium and smack. Learned counsel submits that recovery effected from the petitioner is of 2.200 kgs of opium, which is non-commercial quantity. It is further submitted that recovery of 250 grams of smack was effected from the personal search of co-accused of the petitioner, namely, Yashpal. Further submits that the petitioner is not involved in any other case and that he is in custody since 16.6.2010 and that challan in the present case has been presented. Learned state counsel, on instructions from ASI Bawa Singh, concedes that even the charges have been framed and that the petitioner is Crl.M.No.26371-M of 2010 #2# not involved in any other case. Keeping in view the fact that the investigation is over and the trial is at the early stage and is not likely to be concluded in near future and that recovery is of non-commercial quantity, without expressing any opinion on the merit of the case, I deem it appropriate to grant the concession of bail to the petitioner. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Mohali. November 19, 2010 ( JASWANT SINGH ) manoj JUDGE