IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 1446 of 2011 Date of Decision: 14.07.2011 Avtar Singh alias Tari ..Petitioner Versus State of Punjab ..Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. R.P.Dhir, Advocate, for the petitioner. Mr. S.S.Gill, Deputy Advocate General, Punjab. **** AJAY TEWARI. J. In this petition, the petitioner is challenging the order dated 13.06.2011 passed by the Court of learned Special Judge, Hoshiarpur declining the bail to the petitioner despite the fact that 60 days had elapsed. Learned Special Judge declined the prayer for grant of bail to the petitioner on the ground that 50 Kg. of poppy husk would be covered by the definition of commercial quantity. Learned counsel for the petitioner has relied upon a case law cited as Sami Ullaha V. Superintendent, Narcotic Central Bureau, 2009(1) RCR (Criminal) (Supreme Court) 40, to contend that commercial quantity would be anything above 50 kg. of poppy husk. The same petitioner has also applied for grant of concession of regular bail in this case. In my opinion, it would not be necessary to pass a detailed order in Criminal Misc. No. 12667 of 2011 whereby the petitioner seeks the concession of regular bail, because the Criminal Revision No. 1446 of 2011 [2] Criminal Revision No. 1446 of 2011 would have to be allowed in view of the judgment of the Hon'ble Supreme Court cited supra. The learned Deputy Advocate General, Punjab has stated that he is not in a position to cite any contrary judgment. Consequently, this revision petition is allowed. (AJAY TEWARI) JUDGE 14.07.2011 'ravinder'