Criminal Misc. No. M-1505 of 2011 -1- Criminal Misc. No. M-1838 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 27.05.2011 Criminal Misc. No. M-1505 of 2011 Jagdish Chander ....Petitioner V/s State of U.T. Chandigarh ....Respondent Criminal Misc. No. M-1838 of 2011 Satpal ....Petitioner V/s State of U.T. Chandigarh ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Kanwaljit Singh, Senior Advocate with Mr. Sidharth Gupta, Advocate for the petitioners. Mr. P.K. Khindria, Advocate for U.T. Chandigarh. RAJAN GUPTA J. (ORAL) This order shall dispose of aforementioned two petitions filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioners vide FIR No. 464 dated 13.12.2010 under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, Criminal Misc. No. M-1505 of 2011 -2- Criminal Misc. No. M-1838 of 2011 1985 (hereinafter to be referred as ‘the Act’) at Police Station Sector 17, Chandigarh. Learned counsel for the petitioners submits that petitioners are in custody since 13.12.2010 and investigation of the case has been completed. He contends that as per final report submitted by investigating agency, the petitioners were found in possession of 52 kilograms of poppy husk which is marginally higher than the commercial quantity. He has placed reliance on judgment reported as Sikander Singh Vs. State of Punjab 2005(2) RCR (Criminal) 810 to contend that some allowance is to be given for weightment etc., thus petitioners deserve to be enlarged on bail. Learned State counsel has opposed the prayer on the ground that petitioners were found in possession of contraband commercial in nature. He, however, does not dispute the fact that quantity of contraband (52 kgs) recovered from the petitioner is marginally higher than the commercial quantity and the ratio of judgment in Sikander Singh’s case (supra). Keeping in view the aforesaid contentions, period of incarceration of the petitioners and the ratio of judgment in Sikander Singh’s case (supra), I am of the considered view that petitioners deserve to be enlarged on bail. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioners. Accordingly, the petition is allowed and petitioners are ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Chandigarh. May 27, 2011 (RAJAN GUPTA) Criminal Misc. No. M-1505 of 2011 -3- Criminal Misc. No. M-1838 of 2011 Ajay JUDGE