IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 8583 of 2009 DATE OF DECISION 5.5.2009 Dilbagh Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Veneet Sharma, Advocate Mr. Ps Sidhu,Addl.A.G.Punjab M.M.S.BEDI,J. The petitioner was found in possession of 255 grams of heroin. As per the report of the Chemical Examiner the quantity of Diacetyle Morphine recovered in the sample is 67.97% . As per the judgment of the Supreme Court in E. Micheal Raj vs. Intelligence Officer, Narcotic Control Bureau 2008(2) RCR (Cr.) 597, it is the quantity of the content of narcotic, which is relevant for determining whether it constitutes a small quantity or commercial quantity. Calculating the quantity of Diacetyle morphine in 255 grams of heroin and taking into consideration 250 grams being the statutory commercial quantity, it will be a debatable point during trial whether the petitioner can be said to have been found in possession of commercial quantity of contraband. In view of the above circumstances, coupled with the factor that the petitioner has been in custody since 22.9.2008, he can be granted the concession of bail as the period of detention , suffered by the petitioner, might have a deterrent affect upon him not to commit the similar offence again. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court subject to the condition that the petitioner will not commit the similar offence of which he is accused of. In case of any such eventuality, it will be open to the prosecution to seek cancellation of bail, which will be cancelled on commission of similar offence during the pendency of the trial. May 5 ,2009 ( M.M.S.BEDI ) TSM JUDGE