IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 6438 of 2010(O&M) Date of Decision: May 25, 2010. Hardial Singh @Kala ...... PETITIONER Versus State of Punjab ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Y.M.Bhagirath, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No. 10 of 11.01.2005, under Sections 15/61/85 of NDPS Act, registered at Police Station Payal. I have heard learned counsel for the parties and gone through the record. The allegations against the petitioner – accused are that secret information was received in the police station that poppy husk was being kept concealed by Ghagga, Mohan Singh and Kala @Hardial Singh, the present petitioner – accused, and that petitioner and co-accused were waiting CRM No.M-6438 of 2010 for the customers for selling the poppy husk. On receipt of this information, raid was conducted and co-accused Ghagga @Jaswinder Singh was arrested at the spot whereas petitioner alongwith co-accused succeeded in running away. However, petitioner – accused was identified by Jagjit Singh, an independent witness, owner of an adjoining farm. Petitioner – accused remained absconding and he was declared Proclaimed Offender by the Court on 11.07.2005. He was arrested on 04.07.2009. Bail application has been opposed by learned counsel for the State, on instruction from HC.Pawan Kumar, on the plea that the alleged recovery is of commercial quantity of poppy husk and that petitioner also remained absconding for a period of about four years. Merely on the ground that petitioner is in custody since 04.07.2009, it cannot be said that he is entitled for concession of bail. Hence, keeping in view these facts and without expressing any opinion on the merit of the case, the instant application for bail filed by Hardial Singh @Kala is, hereby, dismissed being devoid of merit. However, learned trial Court is directed to expedite the trial as petitioner has been continuing in custody since 04.07.2009 and efforts be made to conclude the same within six months. ( RAM CHAND GUPTA ) May 25, 2010. JUDGE 'om' 2