Criminal Misc. No. M-11106 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-11106 of 2009 Date of Decision: 11.5.2009 Sanoj Kumar and Another …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S. Bedi, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 439 Cr.P.C. seeking regular bail to the petitioners in case FIR No. 91 dated 4.6.2008 registered at Police Station Sadar, Nawanshahr, under Sections 15/61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”). Counsel for the petitioners has relied upon order passed in case of co-accused titled as “Manmohan Singh alias Mithu v. State of Punjab” vide Criminal Misc. No. M-3883 of 2009 decided on 16.3.2009 and claimed parity. The order passed in case of co-accused Manmohan Singh alias Mithu read as under:- “Counsel for the petitioner has stated that Criminal Misc. No. M-11106 of 2009 2 52 Kgs. of poppy husk was recovered from the petitioner. Counsel further submits that 50 Kgs. or less than 50 Kgs. of poppy husk fall within non- commercial quantity. Counsel further contended that 2 Kgs. more was found than the quantity less than the commercial. It is submitted that possibility of error in weighing the poppy husk cannot be ruled out. Petitioner is stated to be in custody since 4.6.2008. Counsel for the State, on instructions from Girdhari Lal, Head Constable, Police Station Sadar, Nawanshahr, has submitted that no other case is pending against the petitioner. Taking these facts into consideration, further detention of the petitioner is not warranted. Hence, the present petition is accepted and the petitioner is ordered to be released on bail to the satisfaction of the trial Court.” Counsel for the State, on instructions from Anil Kumar, Assistant Sub Inspector, has stated that no other case under the Act is registered against the petitioners. Thus, petitioners are entitled to grant of regular bail, for the reasons stated in the order passed in case of co-accused Manmohan Singh alias Mithu. Criminal Misc. No. M-11106 of 2009 3 Hence, the present petition is accepted and the petitioners are ordered to be released on bail to the satisfaction of the trial Court. (Kanwaljit Singh Ahluwalia) Judge May 11, 2009 “DK”