Criminal Misc. No. M-17948 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-17948 of 2009 Date of Decision:12.10.2009 Sheikher Singh alias Shera .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Pardeep Rajput, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Sheikher Singh alias Shera under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.8 dated 11.2.2009 registered under Sections 22/25/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the Act') at Police Station D- Division, Amritsar. The facts in brief are that on 11.2.2009 in pursuance of secret information, 255 grams of smack was recovered from the possession of the petitioner. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioner submitted with full force that as per the Chemical Examiner's report, the percentage of Diacetyle Morphine in the recovered substance was found to be 23.64 which Criminal Misc. No. M-17948 of 2009 -2- obviously falls within the definition of non-commercial quantity and that being so, in view of the observations rendered by the Division Bench of this Court in re: Anup Gupta v. State of Punjab, 2008(4) Recent Criminal Reports (Criminal) 390, the petitioner may be admitted to bail. Learned State Counsel maintained that the whole lot of the recovered substance is to be taken into consideration and the same being 250 grams of smack, no case is made out for grant of bail to the petitioner. I have well considered the rival contentions. In re: E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, 2008(2) Recent Criminal Reports (Criminal) 597, it has ruled by the Apex Court that “It is the quantity of content of narcotic drug, which is relevant for determining whether it will constitute small quantity or commercial quantity.” In re: Anup Gupta (supra), chemical analysis revealed that contraband contained 5% of Heroin. It was held that total quantity of Heroin thus comes to 25 grams, which is less than commercial quantity. The accused would be convicted considering that recovery was 25 grams and not 500 grams. The trial is not likely to be concluded within a measurable distance of time. In view of the afore-quoted law, the petitioner is admitted to bail to the satisfaction of the learned Chief Judicial Magistrate, Amritsar. October 12, 2009 ( HARBANS LAL ) renu JUDGE