IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-14434 of 2009 Date of Decision: August 17, 2009 Sulakhan Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Ritesh Pandey, Advocate, for the petitioner. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for the respondent. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.120 dated 24.5.2006 under Section 15 of Narcotics Drugs & Psychotropic Substances Act, 1985, registered with Police Station, City Batala, District Gurdaspur. It transpires that 55 kgs of poppy husk was recovered from the petitioner on 24.5.2006. The petitioner is in custody since then. The petitioner has earlier approached this Court for similar relief, however, the petitions Crl. Misc. No. M-14434 of 2009 [2] had been either withdrawn or dismissed. In the present petition, it has been brought out that the petitioner is in custody since May 2006 i.e. more than three years. It has been pleaded that only 55 kgs of poppy husk has been recovered. Some margin for the weight of the bags has also to be given. Learned counsel for the petitioner states that even petitioner is entitled to expeditious trial. When the matter was taken up on 13.7.2009, learned counsel for the respondent- State had contended that only one prosecution witness remains to be examined. The trial was scheduled for 29.7.2009 on which date the prosecution evidence was required to be concluded. The matter was adjourned for today. Learned counsel for the respondent- State, on instructions from Surinder Singh, Head Constable, Police Station, City Batala, states that one witness, although formal, is yet to be examined. Learned counsel further states that there is no other case registered against the petitioner under the NDPS Act. Considering the totality of facts and circumstances of the case and in particular, the period of custody of the petitioner, the petition is allowed. Crl. Misc. No. M-14434 of 2009 [3] Bail to the satisfaction of the Trial Court. Heavy surety. (AJAI LAMBA) August 17, 2009 JUDGE avin