CRM-M-24278-2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24278-2011 Date of Decision:23.09.2011 Baldev Singh alias Deba @ Chitta ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Hemant Saini, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.9 dated 01.03.2011, under Sections 20 of the NDPS Act at Police Station Kamboh, District Amritsar. The allegation against the petitioner is that he was apprehended with 1 Kg. of Charas. The petitioner is in custody since the date of his arrest, i.e. 01.03.2011 but his bail application has been dismissed by the learned Trial Court on the ground that the recovery is of commercial quantity which attracts Section 37 of the NDPS Act. Learned counsel for the petitioner has submitted that the view taken by the learned Trial Court is erroneous in view of the decision of the Full Bench of the Himachal Pradesh High Court in the case of Ratto v. State of Himachal Pradesh, 2004(1) R.C.R. (Criminal) 501 in which it has been held that if the recovery is of more than 1 Kg., then it would fall within the definition of commercial quantity. Learned State Counsel could not cite any law contrary to the aforesaid judgment. Even otherwise, the word used in the table is 1 Kg., meaning thereby it has to be more than 1 Kg. if the quantity has to be made commercial. On instructions received from ASI Gulshan Lal, he further submits that the petitioner is neither a previous convict nor any other case is pending against him. [ 1 CRM-M-24278-2011 Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail by the learned Trial Court on his furnishing bail bonds to its satisfaction. September 23, 2011. ( Rakesh Kumar Jain ) vinod* Judge [ 2