Crl.M.No.M-33237 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-33237 of 2009 (O&M) Date of Decision: August 27, 2010 Gurcharan Singh alias Badal .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.K.V.Singh, Advocate for the petitioner. Ms.Bhavna Gupta, D.A.G., Punjab. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.47, dated 15.4.2009, under Sections 18/61/85 of the NDPS Act, registered at Police Station Mehna, Moga. I have heard learned counsel for the parties and have gone through the whole record carefully. Brief allegations against the petitioner accused are that he alongwith co-accused was travelling in a jeep, which was checked by the police party and on checking, opium weighing 2 kg was recovered from the personal search of the petitioner-accused, whereas 10 kg opium was recovered from a box, which was being kept by the co-accused on his thigh in the vehicle. The vehicle was being driven by the petitioner-accused. It has been contended by learned counsel for the petitioner that there is violation of standing instructions of the Department with regard to taking samples. It is further contended that as per report FSL, morphine content has been found only 2% and hence, it is contended that recovery from the present petitioner is of non-commercial. Further contends that petitioner has been continuing in custody since 15.4.2009 and hence, he is entitled for bail. Crl.M.No.M-33237 of 2009 (O&M) -2- Bail application has been opposed by learned State counsel on the plea that heavy recovery has been effected from the petitioner and co- accused and that he is likely to indulge in this activity again and likely to abscond, if released on bail. Further contended that the entire bulk is to be taken as the quantity recovered for the purpose of taking the recovery as commercial or non-commercial, in case of opium, as per definition of opium under the Act. Further contends that sample was taken as per the rules. A Division Bench of this Court in Gurmail Singh alias Gela v. The State of Punjab, in Criminal Appeal No.512-DB of 2006, has held that it is not possible to calculate actual weight of opium by taking note of morphin contained in it and that in any contraband, in which morphine content is found more than 0.2% is to be taken as opium. Hence, if the entire bulk is taken as a opium, there is heavy recovery from the petitioner-accused. Six witnesses have already been examined. The case is fixed for remaining evidence of the prosecution. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Gurcharan Singh alias Badal for grant of regular bail is dismissed, at this stage. However, learned trial court is directed to expedite the trial as petitioner has been continuing in custody since 15.4.2009 and efforts be made to conclude the same within six months from the next date fixed in this case. 27.8.2010 (Ram Chand Gupta) meenu Judge