IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-13138 of 2011 (O&M) Decided on 04.10.2011 Prem Singh --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Gaurav Sharma,Advocate, for the petitioner Mr.J.S.Brar,A.A.G, Punjab RAKESH KUMAR JAIN,J: (ORAL) This is a petition for regular bail pending trial in a case registered vide FIR No. 47 dated 02.5.2010, under Sections 15/61/85 of the Narcotic Drugs & Psychotropic Substances Act 1985 (for short, 'the Act')at Police Station, Amargarh, District Sangrur. Allegation is of recovery of 80 Kg of poppy husk from the petitioner and his co-accused Jagsir Singh @ Goldy. Learned counsel for the petitioner has relied upon an order passed by this Court in CRM-M- 16616 of 2011 (O&M) Jagsir Singh @ Goldy Vs. State of Punjab and another which has been allowed on 30.8.2011. He claims parity with the co-accused who has been granted bail. Learned counsel for the State has admitted that the co-accused Jagsir Singh has been granted bail by this Court on the ground that it has been recorded in the FIR that “two persons were sitting on separate gunny bags” and 40 Kg poppy husk each was attributed to both of them which does not fall within the category of commercial quantity i.e. 50 Kg. CRM-M-13138 of 2011 (O&M) -2- After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observations on the merits, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. 04.10.2011 (Rakesh Kumar Jain) RR Judge