Crl. Misc. No. M-25990 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25990 of 2010 Date of Decision: October 11, 2010 Satish Rani Sharma ........Petitioner Versus State of Haryana .......Respondent ******* CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. H.S. Saini, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.360 dated 13.6.2010, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act'), registered at Police Station Sadar, District Karnal. The allegation against the petitioner is that he was found in possession of 80 gms. of opium. Learned counsel for the petitioner has submitted that the quantity of contraband alleged to have been recovered from the petitioner falls within non-commercial quantity. The petitioner is in custody since 14.6.2010. Crl. Misc. No. M-25990 of 2010 2 Learned State counsel, on the other hand, has submitted that the petitioner was on bail in another case under the Act when he was apprehended in this case. Keeping in view the fact that in the earlier case petitioner was found in possession of 50 gms. of opium wherein in the present case petitioner has been found to be in possession of 80 gms. of opium and the fact that the petitioner is in custody since 14.6.2010, it would be just and expedient to release the petitioner on bail. Whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate Karnal. (SABINA) October 11, 2010 JUDGE Anand