Crl. Misc. No. M-35029 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-35029 of 2010 (O&M) Date of decision : 5.1.2011 Deepak Singla @ Deepu ...Petitioner Versus The State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ajay Pal Singh, Advocate for the petitioner. U.S. Dhaliwal, Addl. Advocate General Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 18/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Khanauri, District Sangrur, vide FIR No.69 dated 4th August, 2010. Learned counsel for the petitioner contends that the recovery allegedly effected from the petitioner is 2.520 Kgs of opium while commercial quantity is 2.5 Kgs. He submits that in fact weighment was made along with the container, due to which weight of the contraband has been shown higher than the actually recovered. Even otherwise he contends that the recovery is marginally higher than the commercial quantity and in such circumstance the petitioner is entitled to be released on bail pending trial. Reliance has been placed on case reported as Darshan Singh alias Darshi Vs. State of Punjab, Crl. Misc. No. M-35029 of 2010 2 2004 (4) RCR (Criminal) 505. Learned State counsel has opposed the prayer for bail on the ground that recovery effected from the petitioner is of commercial quantity. He, however, does not dispute the fact that recovery is only marginally higher than the commercial quantity. Heard. In view of the case reported as Darshan Singh (supra), the recovery being marginal higher than the commercial quantity and the petitioner being in custody for the last more than five months, I am of the considered view that the petitioner deserves to be enlarged on bail as no useful purpose will be served by detaining him in custody during the pendency of the trial as the trial. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Sangrur. (RAJAN GUPTA) JUDGE 5.1.2011 'rajpal'