CRM No.M-22813 of 2011 (O&M) - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.M. No.M-22813 of 2011 (O&M) Date of Decision : 04.10.2011 Mahavir Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. P.S. Sullar, Advocate for the petitioner. Mr. S.S. Chandumajra, D.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.241 dated 15.11.2010 registered under Sections 18, 61, 85 of the NDPS Act at Police Station Mandi Gobindgarh, District Fatehgarh Sahib. On 02.08.2011 the following contention was noticed:- “Learned counsel states that the petitioner has now been in custody since 15.11.2010, there was no Gazetted Officer at the spot when the recovery of 3 kilograms of CRM No.M-22813 of 2011 (O&M) - 2- opium was allegedly effected and there is no progress in the trial.” Thereafter on 16.09.2011 the following order was passed:- “Learned counsel for the petitioner states that now the matter is fixed for 30.09.2011 and it would be appropriate if the hearing is deferred to await that date.” Even today learned counsel for the petitioner states that no witness was present on 30.09.2011. Learned Deputy Advocate General on instructions from ASI Davinder Pal Singh has accepted these factual assertions but states that the prosecution will make every endeavour to conclude its entire evidence by 01.12.2011. In this view of the matter, I dismiss this petition with a clarification that in case the prosecution fails to conclude its entire evidence by 01.12.2011, the learned trial Court shall release the petitioner on regular bail to its satisfaction. It is, however, made clear that this order will not be in operation in case the petitioner tries to obstruct the proceedings or play any delaying tactics. CRM No.M-22813 of 2011 (O&M) - 3- ( AJAY TEWARI ) October 04, 2011 JUDGE ashish