AMAN CHAUDHARY. J. –

1. The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No.109 dated 03.08.2021, under Sections 18-C, 29 of NDPS Act, registered at Police Station Division No.1, Ludhiana District Ludhiana.

2. Learned counsel contends that the petitioner is in custody for the last 1 year, 6 months and 3 days having been arrested on 03.08.2021. He is not involved in any other case. Charges were framed on 03.01.2022, however, 2 out of 15 prosecution witnesses have been examined and the alleged recovery from the petitioner is marginally above the non-commercial being 2.700 grams of opium.

3. Learned State counsel has produced the custody certificate dated 07.02.2023, which is taken on record. As per the same the custody of the petitioner is 1 year 6 months and 3 days. He opposes the bail on the ground that the recovery against the petitioner is falls within the commercial quantity. However, he is unable to controvert the submissions made by learned counsel for the petitioner regarding the petitioner not being involved in any other case and the stage of trial.

4. Heard.

5. Hon'ble The Supreme Court of India in th