IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-34132 of 2011 Date of Decision:21.12.2011 Mohd. Tariq @ Chunnu . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Rajbir Singh, Advocate, for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.69 dated 05.10.2010 under Sections 20/61/85 of the Narcotic Drugs and Psychotropic Substances, 1985 (for short ‘the Act’) at Police Station City-I, Malerkotla, District Sangrur. As per the case of prosecution 1Kg charas was recovered from the petitioner. Learned counsel for the petitioner has submitted that 1kg of charas does not fall within the definition of commercial quantity to which rigour of Section 37 of the Act would apply. In this regard, he has relied upon Full Bench decision of the Himachal Pradesh High Court in the case “Ratto Vs. State of H.P.” 2004(1) RCR (Criminal) 501, in which it has been held that if the quantity is more than 1kg then it would fall within the definition of commercial quantity. Petitioner is stated to be in custody since 5.10.2010. Keeping in view the facts and circumstances of the case but without making any observation on the merits, present petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) DECEMBER 21, 2011 JUDGE Vivek