CRM-M No. 36874 of 2010 **** Ashok Kumar vs. State of Punjab Present: Mr. P.S.Sekhon , Advocate for the petitioner. Mr. Gazi Mohammad, DAG, Punjab. **** This is a petition for regular bail filed in case bearing FIR No. 24 dated 25.05.2010, under Section 22 of the NDPS Act, registered at Police Station City-I, Malerkotla, District Sangrur. The petitioner was allegedly apprehended with 25 grams of Codeine Phosphate. As per learned counsel for the petitioner Codeine Phosphate is not one of the substances enumerated in the schedule appended to the NDPS Act. Learned DAG, however, refutes this assertion and states that in fact Codeine Phosphate would also fall in the schedule appended to the NDPS Act. In any way this is a matter which would be appreciated by the learned trial Court. The petitioner has been in custody since 25.05.2010 and learned DAG, on instructions from, SI Kuldeep Singh Virk, has confirmed that prosecution evidence is yet to commence. It is also not disputed that the recovery is of non-commercial quantity. He has also confirmed that no other case is pending against the petitioner. In the circumstances, without commenting on the merits of the case, I deem it appropriate to grant the concession of bail to the petitioner. Bail to the satisfaction of the learned trial Court. Petition stands disposed of. ( AJAY TEWARI ) JUDGE March 03, 2011 sunita