Crl.M. No. M- 2575 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M- 2575 of 2009 Date of decision : 17.3.2009. ... Nikka @ Sukhdarshan ................ Petitioner vs. State of Haryana .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. G.S. Sidhu, Advocate for the petitioner. Sh. Ranbir Singh Arya, Deputy Advocate General, Haryana. ... K.C. Puri, J. (Oral) Petitioner-Nikka @ Sukhdarshan has applied for grant of regular bail in FIR No. 258 dated 29.9.2008 under Sections 17/18/61/85 of NDPS Act, registered at Police Station City Dabwali, Sirsa. As per allegation of the prosecution, on 29.9.2008, the police party was present on Kalanwali T point at Sirsa road in the area of Dabwali in connection with patrolling and nakabandi. Meanwhile, a jeep bearing No. RJ 13 C 1257 came from the side of Sirsa in a high speed, in which two persons were sitting by the side of driver. ASI signaled to stop the jeep but jeep driver on seeing the police tried to turn back the jeep and on suspicion ASI secured the presence of jeep and three persons were occupied. On enquiry, driver told his name as Kulwant Singh s/o Gurjant Singh, the other person who was sitting by the side of the driver told his name as Nikka @ Sukhdarshan Singh Crl.M. No. M- 2575 of 2009 -2- s/o Surjit Singh. The third person told his name as Manish s/o Mheru Dass. A polythene bag was lying in between the two persons and that bag, according to the prosecution contained 2 kgs 600 grams of opium. Learned counsel for the petitioner has submitted that weighment was taken alongwith polythene bag, and weight of that bag may be more than 100 grams. Learned counsel for the petitioner has further contended that a news item was published (Annexure P-2) in which the quantity of opium recovered was stated to be 2.5 kgs. He has contended that according to the schedule, only the quantity more than 2.5 kags falls within the ambit of commercial quantity. Counsel for the petitioner has relied upon the authority reported as Darshan Singh @ Darshi vs. State of Punjab 2004 (4) RCR (Criminal) 505. In the said authority poppy husk of 54 kgs was found in two bags. It was argued in that case that empty bags may be of 2 kgs each. So, in these circumstances, bail was granted in the case of recovery of 54 kags of poppy husk in that case. So, taking into account the whole of the circumstances mentioned above and without commenting upon the merits of the case, bail to the satisfaction of the trial Court. ( K.C. Puri ) 17.3.2009. Judge chug