IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24855-2011 Date of Decision:06.12.2011 Harsimran Singh alias Prince ...Petitioner Versus State of Punjab ... Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. C.L.Verma, 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.21 dated 08.02.2011, under Sections 21/61/85 of the NDPS Act at Police Station Division No.7 (Vardhman), Ludhiana. As per the prosecution story, the petitioner was arrested on 08.02.2011 and on the basis of his disclosure statement, 100 tablets of Avil and 50 tablets of Nitrazepam were recovered. Learned counsel for the petitioner submits that the Avil is neither a psychotropic substance nor a narcotic drug and insofar as the Nitrazepam is concerned, the total weight of the 50 tablets comes to around 5 grams as each tablet is weighed 9.8 mgs. He further submits that the petitioner is neither a previous convict nor any other case is pending against him. These arguments of the learned counsel for the petitioner have not been controverted by the learned State Counsel. Keeping in view the facts and circumstances of the case and the fact that the recovery is of non-commercial quantity to which rigour of Section 37 of the NDPS Act is not attracted, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. December 06, 2011. ( Rakesh Kumar Jain ) vinod* Judge