TARANDEEP SINGH @ BITTU AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This shall dispose of two petitions viz. Criminal Miscellaneous No. M-5645 of 2010 titled Tarandeep Singh @ Bittu v. State of Punjab and Criminal Miscellaneous No. M-12193 of 2010 titled Sunil Kumar v. State of Punjab as both arise out of common FIR.

(2.) The petitions have been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 121 dated 27.3.2009 under Sections 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered with Police Station, Sadar, Patiala.

(3.) Learned Counsel for the petitioner(s) contends that although recovery of 5 kgs of opium has been effected from the petitioners in the two petitions, however, the chemical content has been found to be only 3.3% in 10 grams which would constitute total quantity of the offending chemical to be 160 grams i.e. non-commercial quantity and therefore the petitioners would be entitled to concession of bail in view of, E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau.,2008 2 RecCriR 597