IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No. M-33925 of 2009 Date of decision: 22.1.2010 Gurjit Singh and another ......Petitioners Vs. State of Punjab ...Respondent CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.Kanwaljit Singh, Sr. Advocate with Mr.Ajay Singla, Advocate for the petitioners. Ms.Bhavna Gupta, Deputy Advocate General, Punjab. **** ORDER The present petition has been filed under Section 439 Cr.P.C. by Gurjit Singh and Gurmail Singh for grant of regular bail in case FIR No. 145 dated 13.9.2009 under Sections 18/25/61/85 N.D.P.S.Act registered at Police Station Julkan, district Patiala. Learned counsel for the petitioners submits that they have been implicated on the basis of suspicion only by alleging that they were carrying contraband in their scooter. No recovery of the alleged contraband was effected from the petitioners. There is complete violation of the provisions of Section 50 of the N.D.P.S.Act. It has further been argued by the learned counsel for the petitioners that the alleged opium recovered from the petitioners was sent for Chemical Examiner after 10 days. Moreover, the recovery was non-commercial and provisions of Section 37 of the N.D.P.S Act would not be applicable. Learned counsel for the petitioners also relied on the judgment of this Court in Mander Singh v. State of Punjab 2005(2) R.C.R. (Cri) 634 and judgment of Himachal Pradesh High Court in Ratto v. Crl.Misc. No. M-33925 of 2009 [2] State of H.P. 2004(1) R.C.R.(Criminal) 501 to support his contention. The application for grant of bail was dismissed by the Judge, Special Court, Patiala only on the ground that the contraband recovered from the petitioners was of commercial quantity. Learned counsel for the State has opposed the bail application on the ground that 2.5 kg. of opium was recovered from the petitioners which is commercial quantity and petitioners are not entitled to the concession of bail. Learned counsel for the State has relied on the judgment of the Hon'ble Supreme Court in E.Micheal Raj v. Intelligence Officer, Narcotic Control Bureau 2008(2) R.C.R.(Cri.) 597. I have heard the arguments of learned counsel for the parties and also gone through the judgments cited above, the case of the petitioners is squarely covered by the judgment of this Court in Mander Singh's case (supra) where 2.5 kg of opium was recovered and bail was granted on the ground that it was not commercial quantity and provisions of Section 37 of N.D.P.S.Act were not applicable. Without commenting on the merits of the case and keeping in view the fact that the petitioners are in custody since 13.9.2009 and the trial may take time to conclude, the petition is allowed. The petitioners are directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Patiala. (DAYA CHAUDHARY) JUDGE January 22, 2010. raghav