IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc. No. M- 25893 of 2010 Date of decision : 14.10.2010 Sukhjinder Singh …. Petitioner Versus State of Punjab ….. Respondent 2. Crl. Misc. No. M- 19930 of 2010 Jaswinder Singh …. Petitioner Versus State of Punjab ….. Respondent Present: Mr. G.S. Gill, Advocate for the petitioner in CRM No. M-25893 of 2010. Mr. K.S. Dhillon, Advocate for the petitioner in CRM No.M-19930 of 2010. Mr. Gazi Mohd. Umair, DAG, Punjab. S.S. SARON, J. This order will dispose of CRM No. M-25893 of 2010 filed by Sukhjinder Singh and CRM No.M-19930 of 2007 filed by Jaswinder Singh as they both arise out of the same FIR. Heard counsel for the parties. The respective petitioner seeks regular bail in a case registered against them on 27.1.2010 for the offences under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“Act”- for short). Crl. Misc. No. M- 25893 of 2010 and [2] Crl. Misc. No. M- 19930 of 2010 The petitioners in the respective petitions were apprehended at the checkpost set up on the road going towards Tallan. From their possession, 2 kgs 500 gms of charas was recovered. In terms of the Medical Analysis Report (Annexure P1) 23% of resin was detected in the contraband. In E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, 2008 (2) RCR (Crl.) 597 it was held by the supreme Court that entire substance cannot be viewed as narcotic drug and it is the quantity of content of narcotic drug which is relevant for determining whether it will constitute small quantity or commercial quantity. Besides, in State of NCT of Delhi v. Ashif Khan @ Kalu, 2009 (2) RCR (Crl.) 267 the ratio of judgment in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau (supra) was reiterated. In the said case there was a recovery of 310 grams of heroin. However, as per the report of Forensic Science Laboratory, sample contained 0.95% diacetylmorphine thus weight of heroin came to be 2.945 grams which was small quantity under Section 2(xxiii-a) of the Act. It was held that percentage of heroin content translated into weight is relevant. In the present case, the percentage of resin in the recovered contraband i.e. 2 kgs 500 gms of charas would work out to 575 gms which is less than commercial quantity although higher than small quantity. In terms of entry No.23 relating to cannabis and cannabis resin (charas, hashish) extracts and tinctures of cannabis the small quantity is 100 gms and commercial quantity is 1 kg. Therefore, the provisions of Section 37 of the NDPS Act would not apply. Crl. Misc. No. M- 25893 of 2010 and [3] Crl. Misc. No. M- 19930 of 2010 Learned State counsel on instructions has submitted that there is no other case against the petitioners in the respective petitions. Accordingly, the Crl. Misc. petitions i.e. CRM No. M- 25893 of 2010 and CRM No. M-19930 of 2007 are allowed and respective petitioners i.e. Sukhjinder Singh and Jaswinder Singh subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Jalandhar shall be admitted to bail. (S.S. SARON) JUDGE October 14, 2010 amit