Crl. Misc. No.M-31843 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-31843 of 2009 Date of Decision: September 24, 2010 Satnam Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Veneet Sharma, Advocate for the petitioner. Mr.P.S. Bajwa, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) The content of heroine in excess of 250 grams would qualify as “commercial quantity”. The petitioner was allegedly found in possession of 300 grams of smack containing 66.42% of Diacetylmorphine. Following the observations of the Apex Court in Micheal Raj Vs. Intelligence Officer, 2005 (1) RCR (Crl.) 915 and Ansar Ahmed Vs. State (Govt. of NCT of Delhi), 2005 (4) RCR (Crl.) 393, the actual weight Crl. Misc. No.M-31843 of 2009 [2] content of the heroine would come to approximately 198 grams which quantity, as per the schedule of NDPS Act, would be a non-commercial quantity. State counsel has opposed the application for bail inter-alia on the ground that the petitioner is a habitual offender dealing with Narcotic and Psychotropic substances. 9 other cases including FIR No.67 dated March 19, 2009, Police Station Banga is pending against the petitioner. Since the petitioner has been in custody since March 22,2009, it will be debatable whether he has been found in possession of commercial or non-commercial quantity, he can be granted the concession of regular bail. Petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court, Nawanshehar, by furnishing an undertaking in the shape of affidavit that he will not commit the similar offence of which he is accused of during the pendency of the trial. In case of such eventuality, the order of grant of bail would be liable to be cancelled on an application filed by the prosecution. September 24, 2010 (M.M.S.BEDI) sanjay JUDGE