CRM NO. M-34271 OF 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-34271 OF 2010 (O&M) DECIDED ON : 23.02.2011 Rajveer Singh ...Petitioner versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. K. S. Dhaliwal, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. K. C. PURI, J. (ORAL) As per allegations of the prosecution, the petitioner was driving motorcycle, whereas Karambir Singh was a pillion rider. From the bag of Karambir Singh, 2 kg 600 gms Opium was recovered. Learned counsel for the petitioner has submitted that the petitioner has no knowledge of the fact that KarambirSingh was having a narcotic drug in his bag. The petitioner has served in army for 16 years. No case is pending against him. It has been further contended that the quantity recovered is marginally more than the commercial quantity. There can be mistake in the weighment of the contraband. CRM NO. M-34271 OF 2010 (O&M) -2- Learned State counsel has opposed the prayer and has submitted that the quantity recovered is commercial. I have considered the submissions made by both the sides and have gone through the records of the case. As per prosecution version, two samples of 10 gms each were separated and put into small plastic bags and memos were prepared and the remaining Opium, on weighment, was found to be 2 kg 580 gms, which was wrapped in a polythene paper. The commercial quantity is more than 2 kg 500 gms. The alleged recovery is marginally more than the commercial quantity. There may be error in weighing the Opium. The petitioner is stated to be in custody since 10.06.2010. So, the petition for grant of regular bail stands allowed. Bail to the satisfaction of trial Court. FEBRUARY 23, 2011 (K. C. PURI) shalini JUDGE