Crl.M.No.20254-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.20254-M of 2010 Date of order:1.10.2010 Soma and another ....Petitioner vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Mandeep Kaushik, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.219 dated 25.11.2009 under Section 22/61/85 of the NDPS Act, P.S Sehnewal, Ludhiana. Learned counsel submits that although the recovery of cocaine has been shown to be of commercial quantity, however, as per FSL report dated 5.3.2010 (P.1), the contraband has not been found to be cocaine. Further contends that as per the report (P.1), there is presence of Ketamine Hydrochloride whereas as per definition provided under Sub Clause (c) of Clause (5) of Section 2 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the Act”), the cocaine has been defined to be containing methyl ester of benzoyl-ecgonine and all its salts as derivative. Learned state counsel on the basis of the reply filed on behalf of the State of Punjab admits that the substance found in the sample, as per Crl.M.No.20254-M of 2010 #2# the report (P.1), has not been included in the definition of Narcotic Drugs or Psychotropic Substance under the Act but submits that it has the same effect as Phencyclidine, which is defined as a Narcotic drug. Without expressing any opinion on the merit of the case and in view of the fact that prima facie the contraband seized is not covered under the Act, I find that no useful purpose would be served to keep the petitioners in custody any longer. Accordingly, petition is allowed and the petitioners are ordered to be released on bail to the satisfaction of the ld. Chief Judicial Magistrate, Ludhiana. October 01, 2010 ( JASWANT SINGH ) manoj JUDGE