Crl. Misc. No. M-35531 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-35531 of 2010 Date of decision : 2.2.2011 Dalbir Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.K. Hooda, Advocate for the petitioner. Mr. Vikas Malik, AAG, Haryana. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 18/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Sadar, Bhiwani, District Bhiwani, vide FIR No.431 dated 25th August, 2010. Learned counsel for the petitioner submits that the allegation against the petitioner is that he was found in possession of 1.5 Kgs of opium which is a non-commercial quantity. According to him, trial of the case is in progress and no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial. Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, does not dispute the fact that the allegation against the petitioner is of being in possession of contraband which is non- Crl. Misc. No. M-35531 of 2010 2 commercial in nature. Heard. Keeping in view the aforesaid contentions and the period of incarceration of the petitioner, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. The trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Bhiwani. (RAJAN GUPTA) JUDGE 2.2.2011 'rajpal'