Crl. Misc. No.M-21603 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-21603 of 2010 Date of Decision: 30.07.2010 Constable Davinder Pal Singh ....Petitioner Versus Narcotic Control Bureau, Chandigarh Zonal Unit. ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Ms. Abha Rathore, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 439 Cr.P.C for grant of bail to the petitioner in NCB/CZU Crime Case No.2/2009 dated 14.03.2009 under Sections 8, 8(A), 21, 29, 32(B) and 59(2) of Narcotic Drugs and Psychotropic Substance Act, 1985 registered at Narcotic Control Bureau, Chandigarh Unit, Chandigarh, now pending in the Court of Special Judge, Chandigarh. The earlier bail application was dismissed on 12.07.2010. The following Order was passed :- “ It is stated by the learned counsel for the respondent that the next date before the trial Court is 2.8.2010 on which date, the main accused shall be produced. In view of the said statement, learned counsel for the petitioner prays that he may be allowed to Crl. Misc. No.M-21603 of 2010 2 withdraw the present petition at this stage. Ordered accordingly.” The present petition has been filed on the ground that the earlier Counsel had withdrawn the bail application without taking liberty to file the fresh one and, therefore, he is filing the fresh petition after making certain corrections. One of the star argument raised by learned counsel for the petitioner is that not a single witness has been examined till date, whereas, it is evident from the Order dated 12.07.2010 above that the Crl. Misc. No.29276-M of 2009 was withdrawn at that stage on the statement made by the learned counsel for the respondents that the main accused shall be produced before the trial Court on 02.08.2010. The second bail application has been filed even without awaiting for the outcome of hearing before the trial Court on 02.08.2010. The present petition is, therefore, misconceived. Faced with the above situation, learned counsel for the petitioner states that she may be allowed to withdraw the present petition with liberty to file on fresh cause of action at an appropriate stage. Dismissed as withdrawn with liberty as prayed for. (NIRMALJIT KAUR) 30.07.2010 JUDGE gurpreet