Crl.M. No. M-5383 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-5383 of 2009 Date of decision : 5.5.2009. ... Gurmit Singh ................ Petitioner vs. State of Punjab .................Respondent 2) Crl.M. No. M-5972 of 2009 ... Kulwinder Singh ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. S.S. Rana and Sh.B.S. Kathuria, Advocates for the petitioners. Sh. A.P. S. Mann, Senior Deputy Advocate General, Punjab ... K.C. Puri, J. (Oral) Vide this order, I intend to dispose of Crl.M. Nos. M-5383 of 2009 and M-5972 of 2009, as both these petitions arise out of same FIR. Petitioners Gurmit Singh and Kulwinder Singh have filed these petitions for grant of bail in case FIR No. 263 dated Crl.M. No. M-5383 of 2009 -2- 18.10.2008, under Section 15/25/61/85 of NDPS Act, registered at Police Station Sadar Khanna, District Ludhiana. As per allegation of the prosecution, both the petitioners alongwith Birender Kaur were travelling in Indica car bearing registration No. PB-11X-8248 and were apprehended and a bag containing 52 kgs of poppy husk was recovered. Learned State counsel, on instructions from HC Harbhajan Singh, has stated at the Bar that weighment of poppy husk was done alongwith bag. This Court in Crl. M.No. M-30402 of 2004 titled as Shinder Pal @ Kaka vs. State of Punjab, allowed the concession of bail in case of recovery of 54 kgs of poppy husk on the ground that there may be marginal error in weighment of the bag and weight of the bag has been included. Similarly, in Crl.M. No. M-32866 of 2004 titled as Darshan Singh vs. State of Punjab, this Court granted the concession of bail where 53 kgs of poppy husk was recovered, on the ground that there was marginal error in the weighment and that weight of gunny bag was also taken. The quantity recovered in this case is 52 kgs of poppy husk. So, without commenting on the merits of the case, bail to both the applicants, to the satisfaction of the trial Court. ( K.C. Puri ) 5.5.2009. Judge chugh