1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.13649-M of 2008. Date of Decision: 20.8.2009 *** Bahadur Khan .. Petitioner VS. State of Punjab .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sanjiv Peter, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioner is seeking regular bail in case FIR No.42 dated 3.3.2009, under Sections 51 of the NDPS, registered at Police Station Sadar, Phagwara, District Kapurthala. The application moved by the petitioner before the Court of Session has been rejected by the learned Special Judge, Kapurthala vide impugned order dated 17.4.2009. During the course of arguments, learned counsel has pointed out that much has been argued at the time of consideration on the application for grant of regular bail, on behalf of the petitioner, before the learned Special Judge, but while dismissing the prayer, none of them have been considered. A perusal of the impugned order reveals that the learned Judge without adverting to the facts of the case, while only considering that the quantity allegedly recovered from the petitioner falls within commercial quantity, rejected the prayer. There is no indication in the impugned order as to what has been argued on behalf of the petitioner while seeking the grant of regular bail. The order is non-speaking one and cannot be sustained and is accordingly set aside. The learned Special Judge, Kapurthala is directed to re-hear the parties on the application for grant of regular bail to the petitioner and pass orders afresh thereon, on merits, but without being 2 influenced by any observations made in this order. The parties to appear before the Court concerned on 11.9.2009. Petition stands disposed of accordingly. (ARVIND KUMAR) JUDGE August 20,2009 Jiten