In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 15993 of 2010 (O&M) Date of decision: 12.8.2010 Balwinder Singh @ Binder ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Navdeep Monga, Advocate, for the petitioner. Ms.Rajni Gupta, Addl.A.G, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 79 dated 20.11.2009, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') registered at Police Station Jhunir District Mansa. The allegation against the petitioner is that he was found in possession of 51 kg 100 grams of poppy husk. Learned counsel for the petitioner has submitted that the contraband recovered from the petitioner was marginally on the higher side from the non-commercial quantity. The petitioner is in custody since 20.11.2009. Criminal Misc. No.M- 15993 of 2010 (O&M) -2- Learned State counsel, who is assisted by HC Malkiat Singh, on the other hand, has submitted that although the petitioner is not involved in any other case under the Act but criminal cases under the Gambling Act and Excise Act are pending against him. However, in the said criminal cases, the petitioner is on bail. Keeping in view the fact that the petitioner is in custody since 20.11.2009 and the quantity of poppy husk recovered from the petitioner is marginally on the higher side from the non-commercial quantity and the fact that he is not involved in any other case under the Act, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Mansa. (SABINA) JUDGE August 12, 2010 anita