Crl. Misc. No. M-36030 of 2010 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-36030 of 2010 (O&M) Date of decision : 23.2.2011 Surmukh Singh @ Kaity ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. C.L. Verma, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 15/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Samrala, District Ludhiana, vide FIR No.59 dated 7th March, 2010. Learned counsel for the petitioner submits that alleged recovery effected from the petitioner is only marginally higher than the commercial quantity. He submits that some probability of error in weighment is also to be taken into account. He relies upon judgment of this court in Sikander Singh Vs. State of Punjab, 2005 (2) RCR (Criminal) 810. This apart, learned counsel submits that petitioner has been in custody since 7th March, 2010 and not even a single witness has been examined by the prosecution till now. Learned State counsel has opposed the prayer for bail on Crl. Misc. No. M-36030 of 2010 the ground that the petitioner has been apprehended while in possession of 51 Kgs of poppy husk, which is commercial in nature. He, however, does not dispute the ratio of Sikander Singh's case (supra). Heard. Keeping in view the fact that petitioner has been in custody since 7th March, 2010 and trial may take some time to conclude as well as the ratio of the judgment in Sikander Singh Vs. State of Punjab, 2005 (2) RCR (Criminal) 810, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Ludhiana. (RAJAN GUPTA) JUDGE 23.2.2011 'rajpal'