IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-30929 of 2008 Date of decision : 27.01.2009 Hariom ....Petitioner V/s State of Haryana ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ram Pal Verma, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioner submits that allegations against him is regarding recovery of one kilogram of charas. According to the counsel the petitioner has already undergone almost 5 month of incarceration. He further submits that Section 37 of the N.D.P.S. Act is not attracted to the instant case. The legal position is not disputed by learned State counsel. Counsel for the petitioner has place reliance upon the judgment of this Court reported as Hem Raj Vs. State of Punjab 2004(1) R.C.R. (Criminal) 359 to state that in case of recovery of 1.5 kgs of charas this Court was pleased to enlarge the accused on bail, pending trial. Counsel further states that quantity is non-commercial which is not disputed by counsel for the State, on instructions from ASI Dharam Singh. In the facts and circumstances of the case, the petition is Crl. Misc No. M-30929 of 2008 -2- allowed and the petitioner is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate, Sonepat. 27.01.2009 (RAJAN GUPTA) Ajay JUDGE