LACHMI @ MEHAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY filing the present petition under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No.136, dated 22.6.2013, registered under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Sadar Dhuri, District Sangrur.

(2.) LEARNED counsel for the petitioner contends that the recovery in fact is non -commercial. The weight of three bags, from which, the recovery was effected has been included in the weight of the total contraband. The petitioner is not involved in any other case. The petitioner is in custody since 22.6.2013. Co -accused Sureinder Singh have already been allowed bail by this Court vide order dated 30.10.2013, passed in CRM -M31325 -2013.

(3.) THE question as to whether the recovered contraband falls under the commercial or non -commercial quantity is arguable because the recovery of 55 kgs. poppy husk was effected from three bags. Nothing is to be recovered from the petitioner. The petitioner is in custody since 22.6.2013. Out of sixteen PWs, none has been examined so far. The trial is not likely to be concluded in the near future.