IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4644 of 2010 Date of decision : 10.3.2010 Ram Chander …. Petitioner Versus State of Haryana …. Respondent Present: Mr. Baljinder Singh, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offence under Section 15 of the NDPS Act. The petitioner was apprehended by the police on 7.1.2010 and 2 kg 400 gms of poppyhusk was recovered from him from the plastic bag that he had in his possession. The recovery that has been effected is non-commercial quantity. The investigation in the case is complete. Learned State counsel has submitted that the petitioner is involved in another case under the NDPS Act. However, in the present case, the recovery is not of commercial quantity but non- commercial quantity. Therefore, the provisions of Section 37(1)(b) of Crl. Misc. No. M-4644 of 2010 [2] the NDPS Act would not apply. The trial in the case is likely to take time. The petitioner is aged about 70 years and according to the learned counsel for the petitioner, the contraband that has been recovered has been planted. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Kaithal shall be admitted to bail. (S.S. SARON) JUDGE March 10, 2010 amit