IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-22541 of 2009 Date of decision : October 14, 2009 Yudhvir Singh alias Jodha ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Veneet Sharma, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Yudhvir Singh alias Jodha has filed this petition for bail in case FIR No. 241 dated 3.11.2008 under sections 21 of the NDPS Act, Police Station B-Division, Amritsar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, 900 grams smack was recovered from the petitioner. Learned counsel for the petitioner contended that according to the FSL report, Annexure P/1, diacetylmorphine content was 12.9% only in the sample of substance seized from the petitioner. It was accordingly contended that the quantity of contraband substance would, therefore, come to 117 grams only which is below commercial quantity and the petitioner is Criminal Misc. No. M-22541 of 2009 -2- in custody since 3.11.2008 i.e. for more than 11 months. Reliance in support of the aforesaid contention has been placed on various judgments of Hon'ble Supreme Court namely E.Micheal Raj vs Intelligence Officer, Narcotic Control Bureau, 2008(2) RCR (Criminal) 597, Samil Ullaha vs Superintendent, Narcotic Central Bureau, 2009(1) RCR (Criminal) 40 and State of NCT of Delhi vs Ashif Khan alias Kalu, 2009(2) RCR (Criminal) 267. In view of the aforesaid but without meaning to comment anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar. ( L.N. Mittal ) October 14, 2009 Judge 'dalbir'