In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 7425 of 2009(O&M) Date of Decision:May 12, 2009 Palwinder Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. PBS Goraya,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Palwinder Singh-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.) seeking regular bail in case FIR No. 360 dated 7.12.2008 under Sections 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Maqsudan, Distirct Jalandhar. Prosecution story in brief, is that on 7.12.2008, petitioner was found in possession of 4 kgs of opium without any licence. Learned counsel for the petitioner has submitted that as per the report of the Chemical Examiner, only 00.48% of morphine was detected in the sample. Hence, very small quantity of contraband was recovered Crl. Misc. No. M- 7425 of 2009(O&M) -2- from the petitioner. Learned counsel has placed reliance on E. Micheal Raj vs. Intelligence Officer, Narcotic Control Bureau 2008(2) RCR (Criminal) 597. Learned State counsel, on the other hand, has opposed the bail petition. Keeping in view the submissions made by learned counsel for the petitioner and the facts that the petitioner is in custody since 7.12.2008 and is not involved in any other case of the similar nature (as stated by the learned State counsel who is assisted by ASI Pritam Singh), without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Jalandhar. (SABINA) JUDGE May 12, 2009 PARAMJIT