215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:25.02.2025 Pankaj Sharma ….Petitioner(s)

VERSUS State of Punjab ….Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sunil Agnihotri, Advocate for the petitioner.

Mr. Amandeep Singh DAG, Punjab.

****

SANJAY VASHISTH , J. (Oral)

1. The instant petition has been filed under Section 439 Cr.P.C., for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of FIR Date Under Police District Petitioner(s) No. Section(s) Station Pankaj 117 09.10.2023 22-61-85 of Hariana Hoshiarpur Sharma NDPS Act

2. Learned counsel for the petitioner submits that the alleged recovery of 258 grams of intoxicant substance i.e. tramadol powder has been effected from the possession of the petitioner. Counsel submits that the recovery is only 8 gms more than the maximum of non-commercial quantity and it is a moot question whether the quantity of said contraband is in isolation or inclusive of the polythene etc. The chances of inclusion of the polythene etc. and difference in weight cannot be ruled out whi