CRM-M-16616-2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16616-2011 (O&M) Date of Decision:30.08.2011 Jagsir Singh @ Goldy ...Petitioner Versus State of Punjab and another ... Respondents CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Gaurav Sharma, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.47 dated 02.05.2010, under Sections 15, 61, 85 of the NDPS Act at Police Station Amargarh, District Sangrur. In the alleged incident dated 02.05.2010, the petitioner Jagsir Singh @ Goldy and his father Prem Singh were alleged to have been apprehended with two separate gunny bags which were found to be containing 40 Kg. poppy husk each. Learned counsel for the petitioner submits that it is specifically recorded in the FIR that “two persons were sitting on separate gunny bags”. He further submits that the petitioner had applied for bail which has been dismissed by the learned Trial Court only on the ground that 80 Kg. poppy husk has been recovered from two gunny bags which falls within the category of commercial quantity, whereas it is submitted that two gunny bags have been recovered separately from the petitioner and his father, each containing 40 Kg. poppy husk, which does not fall within the prescribed limit of commercial quantity, i.e. 50 Kg., and as such the recovery was of non-commercial quantity. He further submits that the petitioner is in custody since 02.05.2010 and all the witnesses to be examined by the prosecution are official witnesses. He further submits that neither the petitioner is a previous convict nor any other case is pending against him. - 1 CRM-M-16616-2011 (O&M) Learned State Counsel, on instructions from SI Anwar Ali, states that no other case is pending against the petitioner and as per FIR, he was found sitting on one of the gunny bags, which was found containing 40 Kg. of poppy husk. Without making any observation on the merits but keeping in view the facts and circumstances of the case, 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. August 30, 2011. ( Rakesh Kumar Jain ) vinod* Judge - 2