DHARAMPAL SINGH ALIAS TIGU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 66 dated 1.8.2018 (Annexure P/1) under Sections 22, 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, "the Act") registered at Police Station Bhadson, District Patiala.

(2.) Petitioner, Dharampal Singh alias Tigu is in custody since 31.7.2018 and the allegations against him are alleged recovery of 1000 Ml intoxicating liquid.

(3.) Learned counsel for petitioner, Dharampal Singh alias Tigu contended that as per provisions of Section 2(viia) of the Act, commercial quantity in relation to narcotic drugs means any quantity greater than the quantity specified by the Central Government by notification and as per entry No. 28 of the notification issued by the Central Government, possession of more than 1 Kg. of Codeine Phasphate falls in commercial quantity. More so, the petitioner is in custody since 31.7.2018 in this case and trial of this case still to take some more time and no purpose would be served by keeping the petitioner behind the bars. So, the petitioner be released on bail. Reliance has been placed upon judgment from the Coordinate Bench of this Court in Iqbal Singh Vs. State of Punjab,2014 14 RCR(Cri) 745.