Crl. Misc No. M 88 OF 2011 ****** Raghbir Singh vs State of Punjab Present : Mr. P.S.Sekhon, Advocate for the petitioner. Mr. U.S.Dhaliwal, Addl. A.G Punjab ******* The petitioner seeks grant of regular bail in case FIR No.87, dated 31.5.2010, registered under Section 18 of the NDPS Act, at Police Station Lehra, District Sangrur. Counsel for the petitioner has argued that earlier the original charge pertained to recovery of 1.500 kgs. of poppy husk but now the recovery shown is 2.600 kgs. On 4.3.2011, counsel for the respondent had sought time to verify that in what circumstances this omission had occurred. Today, counsel for the respondent has pointed out that the mistake has been corrected and now the challan has been presented for possession of total quantity and that originally recovery of 1.500 kgs was mentioned inadvertently, since the other recovery was subsequent and on the basis of disclosures. To this, counsel for the petitioner has argued that even the total recovery is just 100 gms more than the non commercial quantity, and has drawn attention of the Court towards Annexure P-2 wherein on 30.5.2010 i.e one day before the lodging of the FIR, the petitioner's wife had informed that the petitioner had been picked up at the behest of the Sarpanch against whom a case under Section 326 of the IPC was pending. He has further argued that the petitioner has now been in custody for the last Crl.Misc No. M 88 of 2011 : 2 : more than 11 months. In view of the fact that recovery is just marginally over the non commercial quantity and the fact that the petitioner's wife had moved an application on 30.5.2010, I am of the opinion that even though these allegations need to be examined by the trial Court, yet without expressing any opinion on the merits of the controversy, I deem it appropriate to grant bail to the petitioner. Bail to the satisfaction of the trial Court. Petition stands disposed of. ( AJAY TEWARI ) April 05, 2011. JUDGE `kk'