JUDGMENT 1. - The petitioner is facing trial under Section 8/18 of the N.D.P.S. Act, 1985. The charge against the petitioner is that 4 Kg. Opium was recovered from beneath the seat of a Roadways Bus in which he was travelling. He was arrested on 28th December, 1991 and since then he is in custody. Inspite of the long delay, the trial has not been concluded and it appears that the Investigating Officer is not appearing. 2. An under-trial cannot be kept behind the bar on account of the lapses on the part of the Police Officer. 3. Looking to the facts and circumstances of the case and the long detention of the petitioner, I am inclined to release the petitioner on bail under Section 439 Cr.P.C. 4. It is, therefore, ordered that the petitioner, Darshan Singh, shall be released on bail provided he furnishes personal bond in the sum of Rs. 5,000/- with two sureties of Rs. 2,500/- each to the satisfaction of the trial Court for his appearance in that Court on all subsequent dates of hearing and whenever he is called upon to do so, with a further stipulation that he will not repeat suds offence in future.Bail granted. *******