IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33977-2011 Date of decision:20.12.2011 Raj Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Vivek Goel, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (Oral) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.60 dated 30.06.2011, under Sections 15/61/85 of the NDPS Act at Police Station Baghapurana, District Moga. The allegation against the petitioner is that a bag containing 52 Kgs. of poppy husk was recovered from him. The petitioner had applied for bail before the learned Trial Court which was dismissed on 19.10.2011 on the ground that the recovery falls within the definition of commercial quantity, whereas learned counsel for the petitioner has submitted that the commercial quantity would start after 50 Kgs. and normally the weight of the jute bag is upto 2 Kgs. He further submits that in a case where the recovery of the poppy husk was 54 Kgs. which was recovered from two bags, this Court, vide its order dated 23.08.2004 passed in CRM-M-32866-2004, had granted bail on the ground that the empty bags would weigh at least 2 Kgs. each. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is hereby allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. December 20, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE