Criminal Misc. No. M-8400 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8400 of 2011 Date of decision : 27.04.2011 Rajinder Kumar ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.S. Malwai, Advocate for the petitioner. Mr. Arshwinder Singh, Addl. Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 167 dated 13.11.2010 under Section 15/61/85 of the NDPS Act at Police Station Lehra District Sangrur. Learned counsel for the petitioner contends that allegation against the petitioner is that he was found in possession of 50 kgs of poppy husk. According to him, a quantity higher than the 50 kgs would fall in the category of commercial quantity. He submits that petitioner is in custody since 13.11.2010 and trial of the case may still take long time to conclude, thus, petitioner deserves to be enlarged on bail. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, does Criminal Misc. No. M-8400 of 2011 2 not dispute the fact that quantity higher than the 50 kgs would be commercial in nature. Heard. Keeping in view the period of incarceration of the petitioner and the fact that he has been accused of being in possession of contraband which is non-commercial in nature, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur. April 27, 2011 (RAJAN GUPTA) Ajay JUDGE