Crl. Misc. No.M-28611 of 2011 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Misc. No.M-28611 of 2011 Date of Decision: 22.11.2011 Labha Masih ….Petitioner Versus State of Punjab. ….Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI Present: Mr. B.S. Baath, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. *** M.M.S. BEDI, J. (ORAL) Petitioner allegedly was in possession of 700 grams of intoxicant powder containing dextropoxyphe hydrochloride to the extent of 10.1 percent. The total quantity of dextropoxyphe hydrochloride, if calculated on the basis of the report of chemical examiner would come around 70.7 grams. It would be a debatable point during trial whether the contraband would fall under the statutory commercial quantity or non- commercial. Besides this the petitioner was not arrested from the spot and leaving it to the prosecution agency to establish the identity of the petitioner. He has been in custody since 21.03.2011. Taking into consideration the period of detention suffered by the petitioner, he can be granted concession of bail. Without expressing any opinion on the merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds/surety bonds, to the satisfaction of the trial Court. - 1- Crl. Misc. No.M-28611 of 2011 (O&M) 22.11.2011 (M.M.S. Bedi) vcgarg JUDGE - 2- Crl. Misc. No.M-28611 of 2011 (O&M) subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. the fact that he has been in judicial custody with effect from 10.06.2009, it is ordered that in case Meena Rani, complainant is not examined within a period of next five months, it will be open to the petitioner to approach this Court for the grant of regular bail. Prosecution is directed to make earnest endeavour to produce Meena Rani in the Court within above Crl. Misc. No.M-14893 of 2010 -2- mentioned period. Disposed of. Taking into facts and circumstances of the case that they are not involved in any other case and coupled with the facts and circumstances of their co- accused having been granted bail, they can be released on bail. The petition is allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court, subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. - 3-