In the Punjab and Haryana High Court,at Chandigarh. Crl.Misc. No.M- 14011 of 2008 Decided on July 30,2008. H.C. Iqbal Singh --- Petitioner vs. State of Punjab ---Respondent. Present: Mr.Sukhjit Singh,Advocate, for the petitioner. Mr. IPS Sidhu,Sr.DAG,Punjab. Rakesh Kumar Jain,J: This is an application under Section 439 Cr.P.C for grant of regular bail in a case bearing FIR No. 53 dated 21.8.2007 under Sections 13 (2),1988, Prevention of Corruption Act, 15/61/85 of N.D.P.S.Act and Section 120-B of IPC at Police Station Raman, District Bathinda. As per the allegations contained in the FIR, on the night intervening 17/8.8.2007, HC Iqbal Singh, along-with PHG Iqbal Singh, PHG Chinder Ram had put a Naka Bandi near (small chanal) Sua, Sekho Dera Jodhi link road. Then from the side of village Dessu, Nachhatar Singh alias Kharkoo son of Nahar Singh and Piara Singh alias Kiri son of Jodha Singh were seen coming on a Hero Honda Motor Cycle No. PB 13J- 2952,Red Colour with two bags of Poppy husk. Out of which, one bag weighed 35 Kgs and other one was of 15 KG approximately. When the Crl.Misc. No.M- 14011 of 2008 -2- police party chased them, they threw their motor cycle and ran away. It is further mentioned in the FIR that the police officials after tracing whereabouts of the persons ran way from the spot, left behind their motor cycle and bags of poppy husk are demanding money from them for returning their motor cycle and poppy husk,but their deal was not finalized. Counsel for the petitioner contends that other co-accused namely Iqbal Singh PHG had applied for regular bail under Section 167 (2) (a) (ii) of Cr.P.C., which was allowed by Addl. Sessions Judge, Bathinda vide his order dated 22.12.2007. Thereafter, the present petitioner had applied for bail, which was,however, rejected by the Addl .Sessions Judge, Bathinda, on 14.5.2008. The petitioner thereafter filed bail application under Section 167 (2) (a) (ii) Cr.P.C which too was dismissed on 24.6.2008 by the Special Court, Bathinda on the ground that under Section 36 (A) (iv) of NDPS Act, challan is required to be presented within a period of 180 days, in case of recovery of poppy husk which is commercial quantity. It was opined that since recovery must be more than 50 KG,therefore, the petitioner is not entitled to bail on the ground that the challan has not been presented within 60 days. Counsel for the petitioner submits that even in the FIR, it is mentioned that weight of recovered poppy husk was 50 KG approximately, but it was not mentioned that it was more than 50 KG, therefore, it was within the definition of non-commercial quantity, for which the challan has to be presented within 60 days. Counsel has relied upon a decision of the Rajasthan High Court in the case of Hira Lal v. State of Rajasthan 2005(4) RCR (Criminal) 47, in which bail was granted on the ground that challan Crl.Misc. No.M- 14011 of 2008 -3- has not been presented after the expiry of 60 days. Counsel for the State has very fairly conceded that in case of recovery of poppy husk up to 50KG, the recovery shall be treated as non- commercial quantity and for that, 60 days' time is prescribed for the purpose of filing the challan. After hearing the counsel for the parties and without expressing any opinion on the merits of this case, the present petition is allowed and it is directed that the petitioner shall be released on bail on his furnishing bail bonds to the satisfaction of CJM/Duty Magistrate, Bathinda. July 30,2008 (Rakesh Kumar Jain) RR Judge