CRM NO. M-4250 OF 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-4250 OF 2011 (O&M) DECIDED ON : 20.04.2011 Jaswant Singh @ Kala ...Petitioner versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Mohd. Yousaf, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. K. C. PURI, J. (ORAL) As per allegations of the prosecution, 2 kg 550 gms Opium was recovered from the petitioner. Learned counsel for the petitioner has submitted that weighment was done along with the plastic bag and as such, there could be a marginal error in the weighment. He has further contended that in view of authority “Gurlal Singh and ors. vs. State of Punjab” 2003 (2) Crl.C.C 648, the petitioner is entitled to concession of bail. The bail petition has been opposed by the learned State counsel. CRM NO. M-4250 OF 2011 (O&M) -2- I have considered the submissions made by learned counsel for the parties. The commercial quantity of Opium is more than 2 kg 500 gms. The recovery in the present case is 2 kg 550 gms i.e marginal 50 gm above the commercial quantity. It is not disputed during the course of arguments that the weighment was done along with the plastic bag. There could be marginal error in weighment. The petitioner is in custody since 27.09.2010. So, without commenting on the merits of the case and keeping in view Gurlal Singh's case (supra), the petition stands allowed and the petitioner is ordered to be released on bail to the satisfaction of trial Court. APRIL 20, 2011 (K. C. PURI) shalini JUDGE