-2- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35043-2011 Date of Decision:21.12.2011 Krishan ...Petitioner Versus State of Haryana ... Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Sandeep Kotla, Advocate, for the petitioner. Mr. Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.253 dated 17.04.2011, under Section 20 of the NDPS Act at Police Station City, Rohtak. The allegation against the petitioner is that 1 Kg. 10 grams of Charas was recovered from him in two polythene bags. Learned counsel for the petitioner submits that bail application of the petitioner has been dismissed by the learned Trial Court on the ground that the recovery is of commercial quantity of Charas, whereas the non-commercial quantity of the Charas is 1 Kg. and only 10 grams is more than the non-commercial quantity. He further submits that extra 10 grams of the Charas could be the weight of the two polythene bags also. He has also referred to a decision of this Court in the case of Simranjit Kaur @ Madhu v. State of Punjab, 2011 (3) R.C.R. (Criminal) 92 in which 2.570 grams of opium was recovered from a bag which was found to be slightly more than the non- commercial quantity but keeping in view the fact that the petitioner was not having any criminal history, the bail was granted. -2- In this case also, it is admitted by the learned State Counsel, on instructions received from ASI Dharambir Singh, that the petitioner is neither a previous convict nor any other case is pending against him. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. December 21, 2011. ( Rakesh Kumar Jain ) vinod* Judge