DARSHAN SINGH ALIAS DARSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE alleged recovery of contraband from the present petitioner is of 54 kgs. of poppy husk in two gunny bags.

(2.) MR . Verma contends that the weight of bags is not to be included in this case and some allowance of marginal error in weighment is also to be given. He then contends that normally the weight of gunny bag is about 2 kgs. In case all these allowances are given in this case, the alleged recovery of poppy husk may fall under the head "non-commercial quantity". Learned counsel for the petitioner relies upon an order passed by this court in Criminal Misc. No. 46180-M of 2003, in which the recovery effected from one bag was 53 kgs of poppy husk and bail was granted.