In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 20730 of 2011 (O&M) Decided on Aug 09,2011 Mohammad Qasem --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Ravi Malhotra, Advocate, for the petitioner. Mr.A.S. Rai, DAG,Punjab Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.20 dated 13.3.2011, under Sections 20/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Mukandpur,District B.S.Nagar. Learned counsel for the petitioner submits that he is in custody since 13.3.2011. He further submits that One KG of charas has been recovered from the petitioner which is not a commercial quantity in view of the Full Bench decision of the Himachal Pradesh High Court in the case of Ratto Vs. State of H.P. 2003 (3) Crl.C.C.413, in which it has been held that if charas is more than one KG, then it would fall within the definition of commercial quantity, otherwise it would remain non-commercial to which Section 37 of the Narcotic Drugs & Psychotropic Substances Act, 1985 would not apply. Learned counsel for the petitioner submits that he is the first offender. In this regard, learned counsel for the State, on CRM-M- 20730 of 2011 (O&M) -2- instructions received from S.I Dilbag Singh, submits that no other case is pending against the petitioner nor he is a previous convict. He, however, submits that next date before the Court below is 1.9.2011 and there are 10 witnesses to be examined. After hearing the learned counsel for the parties and taking into consideration the facts and circumstances of the case but without making any observations on the merit, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing personal bail bonds and heavy surety of the like amount to the satisfaction of the learned trial Court. August 09,2011 (Rakesh Kumar Jain) RR Judge