Crl.M.No.M-24226 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-24226 of 2010 (O&M) Date of Decision:September 14, 2010 Hukma Ram .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.D.S.Pheruman, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.43100 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-24226 of 2010 The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.39, dated 10.3.2010, under Section 18 of the NDPS Act, registered at Police Station Sadar Malout, District Muktsar. I have heard learned counsel for the petitioner and have gone through the whole record carefully. Brief allegations against the petitioner-accused are that he was found in possession of 2.5 kg opium. It has been contended by learned counsel for the petitioner- accused that the alleged recovery from the possession of petitioner-accused is a non-commercial one and the offence is punishable with maximum punishment of 10 years and hence as petitioner -accused is continuing in custody since 10.3.2010, he is entitled for bail. This is a second bail application of the petitioner-accused. First application bearing Crl.M.No.M-12094 of 2010, on the same facts was dismissed by this Court vide a detailed order dated 2.7.2010, after giving notice to the State by observing as under:- Crl.M.No.M-24226 of 2010 (O&M) -2- “ Be that as it may, recovery of 2.5 kg of opium from the possession of petitioner-accused is either commercial quantity or near commercial quantity. Accused-petitioner was arrested on 10.3.2010. 2.5 kg of opium is sufficient for intoxicating many youths. There is possibility of petitioner indulging again in this activity, if released on bail.” Hence, in view of these facts, no fresh ground for releasing the petitioner-accused on bail is made out. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Hukma Ram for grant of bail is, hereby, dismissed. 14.9.2010 (Ram Chand Gupta) meenu Judge