Cr.MPM No.575 of 2010 23.6.2010. Present: Mr.N.S. Chandel, counsel for the petitioner. Mr.J.S. Guleria, Assistant Advocate General, for the respondent. The petitioner has applied for bail under Section 439 of the Cr.P.C. in connection with FIR No.114 of 2006, dated 2.12.2006, registered at Police Station, Ani, under Section 20 of the NDPS Act. Notice of the petition was issued to the respondent/State. The quantity of the charas recovered from the possession of the petitioner was allegedly 3 kg. Firstly, a sample of 25 gram was sent to a laboratory at Chandigarh and in the report received, it was opined that the whole quantity was charas. However, the percentage of resin was not mentioned therein. Thereafter, samples were sent to FSL, Junga and the report has been received that the percentage of resin found was less than 33% in two samples analyzed. Accordingly, it follows that as per the resin content found, the charas recovered was less than 1 kg. As such, according to a decision of this Court in Dharam Pal versus State of H.P., Latest HLJ (2007) 827, the petitioner is entitled to grant of bail. Moreover, the petitioner is stated to be in custody since 2.12.2006 and even now the learned trial Court has fixed the case for examination of only two witnesses on 29.6.2010 and not for the remaining evidence of the prosecution. Keeping in view the facts and circumstances of the case and the fact that the quantity of charas recovered was less than 1 kg. and also the fact that the petitioner is in custody since 2.12.2006, the present petition deserves to be allowed and the same is allowed accordingly. The petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs.2.00 lacs with two local sureties in the sum of Rs.1.00 lac each to the satisfaction of the learned trial Court or in the alternative, on deposit of Rs.2.00 lacs as cash being surety. The petition stands disposed of accordingly. Dasti copy. June 23, 2010. (V.K. Ahuja), (TILAK) Judge.