Crl. Misc. No.M-34346 of 2010 (O&M) Sabir Khan @ Khan Sahib Vs. State of Punjab Present : Mr. D.S. Malwai, Advocate for the petitioner. Dr. U.S. Dhaliwal, Addl.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.250 dated 06.12.2009 registered under Sections 15, 61 and 85 of the NDPS Act at Police Station City Malerkotla, District Sangrur. It is stated that the petitioner has now been in custody since 06.12.2009. On the last date of hearing the following order was passed:- “Learned DAG, on instructions from SI Baldev Singh, states that the matter is now fixed for 11.03.2011 for prosecution evidence and it would be appropriate if this petition for bail is considered after that date. Adjourned to 18.03.2011.” It is not disputed that no prosecution evidence was led on 11.03.2011 and that the recovery was of 60 kg of poppy husk which is slightly more than the non-commercial quantity. On instructions from Head Constable Gurmail Singh learned Addl. Advocate General, Punjab has stated that 10 witnesses have yet to be examined by the prosecution. In the circumstances, without expressing any opinion on the merits of the case, in my considered opinion, it would be in the interest of Crl. Misc. No.M-34346 of 2010 (O&M) -2- justice if the petitioner is released on bail to the satisfaction of the trial Court. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) March 18, 2011. JUDGE ashish