JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No.145 dated 02.09.2011 under Sections 15 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Jakhal, District Fatehabad. 2. I have heard learned counsel for the parties and gone through the record. 3. It has been argued by the learned counsel for the petitioner that the alleged recovery is non-commercial i.e. 22 Kgs of poppy heads and 18 Kgs of poppy husk and hence, Section 37 of N.D.P.S. Act is not applicable in this case. It is further contended that it is also debatable whether petitioner was in conscious possession of bags or not as the allegations are that petitioner was sitting on the bag on the road side. It is further contended that petitioner has been continuing in custody since 2.9.2011 and that trial is not likely to be concluded in near future as charge has not been framed against the petitioner so far. 4. Learned counsel for the State, on instruction from ASI Shyam Pal, has not disputed these facts. 5. Petitioner is not involved in any other case of similar nature. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 6. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner Subhash Chander @ Sunil is allowed. 7. Bail to the satisfaction of CJM/Duty Magistrate, Fatehabad.