IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-7700 of 2011 DATE OF DECISION: May 04, 2011 Tarsem Singh …..Petitioner versus The State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Sanjay Nagpal, Advocate for the petitioner Mr.Shilesh Gupta, DAG, Punjab .. RAJAN GUPTA, J.: (Oral) This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under section 18,61,85 of Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No.119 dated 21.10.2010 at police station Bhikhiwind, District Tarn Taran. Learned counsel for the petitioner contends that petitioner is in custody since 21.10.2010 and contraband recovered from him (2.5 kgs. opium) is non commercial in nature. According to him, only a quantity higher than 2.5 kgs. opium would fall in the category of ‘commercial’. He, therefore, submits that petitioner is entitled to concession of bail. Crl.Misc.No.M-7700 of 2011 - 2 - Learned State counsel (on instructions from HC- Subhash Raj, who is present in court) has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, does not dispute the fact that only quantity higher than 2.5 kgs. opium would be commercial in nature. Heard. Keeping in view the fact that petitioner is in custody since 21.10.2010 and allegation is of recovery of contraband non commercial in nature, I am of the considered view that he deserves to be enlarged on bail. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Tarn Taran. Disposed of. May 04, 2011 ( RAJAN GUPTA ) pc JUDGE