Naresh Kumar Sanghi, J. - (1.) PRAYER in this petition is for grant of regular bail to petitioner Sunny, who has been booked for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the Act'), in a case arising out of FIR No. 40 dated 05.3.2013, registered at Police Station, City, Kapurthala. Learned counsel for the petitioner contends that according to the prosecution case, 200 capsules of Spasmo Proxyvon, containing salt of DEXTROPROPOXYPHENE and 15 injections of Buprenorphine of 2 ml each were recovered from the petitioner on 5.3.2013. So far as the capsules were concerned, those were of non -commercial quantity and the total weight of the contents of the injections was 30 ml, while the non -commercial quantity would be beyond 20 ml, which is slightly above the noncommercial quantity. He further contends that there are serious non -compliance of the mandatory provisions of the Act. The petitioner, who is neither required nor involved in any other case, is behind the bars from 05.3.2013. The trial is proceeding at snail's pace.
(2.) LEARNED counsel for the State has fairly conceded that the recovery of alleged 200 capsules of Spasmo Proxyvon from the petitioner falls within the ambit of non -commercial quantity. However, contents of 15 injections were of commercial quantity, therefore, the petitioner is not entitled to bail. I have heard learned counsel for the parties and with their able assistance gone through the material available on record. The non -commercial quantity of Buprenorphine was 20 ml, while according to the prosecution, 30 ml of the said salt was recovered from the petitioner. Concededly the quantity of the contraband recovered from the accused was slightly above the quantity of non -commercial quantity. The petitioner is in custody from 05.3.2013. He is neither required nor involved in any other case. The trial is proceeding at snail's pace. Keeping in view the totality of the facts and circumstances of the case, the petition is allowed and petitioner Sunny son of Baldev singh @ Pappu, r/o Mohalla Ucha Dhora, Kapurthala, is ordered to be released on bail during pendency of the present case subject to his furnishing bail bonds to the satisfaction of the trial court.;