Criminal Misc. No. M-38172 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-38172 of 2010 Date of decision : 09.03.2011 Labha Masih ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ritesh Pandey, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 78 dated 09.11.2010 under Sections 21-61-85 of the NDPS Act at Police Station Dera Baba Nanak Tehsil Batala, District Gurdaspur. Learned counsel for the petitioner contends that the quantity of contraband recovered from the petitioner is non-commercial in nature. This contention is, however, disputed by learned State counsel. At this stage, learned counsel for the petitioner submits that he may be allowed to withdraw the present petition with liberty to the petitioner to surrender before the trial court and seek regular bail. He, however, submits that some protection may be granted to the petitioner to enable him to appear before the trial court. Criminal Misc. No. M-38172 of 2010 2 Dismissed as withdrawn with liberty as aforesaid. In the facts and circumstances of the case, it is directed that in case petitioner surrenders before the trial court within ten days from today and applies for regular bail, his plea shall be decided within a week thereafter. Arrest of the petitioner shall remain stayed till the decision of his bail application. March 09, 2011 (RAJAN GUPTA) Ajay JUDGE