Crl. Misc. No. M-33570 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33570 of 2011 (O&M) Date of decision: December 5, 2011 Arun Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Amit Jaswal, Advocate, for the petitioner. Mr. Sidharath Sarup, DAG, Haryana. GURDEV SINGH, J. Heard. The petitioner/accused—Arun Kumar son of Shri Nathu Ram, has filed this petition under Section 439 of the Criminal Procedure Code for grant of bail in FIR No. 384 dated 10.8.2011 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station Nissing, Karnal, and for which he is standing his trial before the Judge, Special Court. The accusation against him is that 9.7 kgs of poppy husk was recovered from his possession; which is admittedly non- commercial quantity. However, bail was refused to him by the Judge, Special Court, on the ground that he had been named as an accused for similar offence in FIR No. 84 dated 4.3.2010 and, as such, was habitual offender. According to the learned counsel for the petitioner, that FIR was registered regarding recovery of 600 grams of poppy husk from the Crl. Misc. No. M-33570 of 2011 2 possession of the petitioner and he is already facing his trial before the JMIC, Karnal, and has already been granted the benefit of bail. Merely on the ground that the petitioner has been named as an accused in another case of similar nature, it cannot be held that he is habitual offender. It is also to be noted that a very small quantity of 600 grams of poppy husk is alleged to have been recovered in the other case. Keeping in view the quantity of poppy husk recovered from his possession and the fact that the conclusion of the trial will take a long time and without expressing opinion on the merit of the case, he is ordered to be released on bail to the satisfaction of the Judge, Special Court, Karnal, subject to the following conditions:- (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. The petition is disposed of accordingly. December 5, 2011 (GURDEV SINGH ) prem JUDGE