JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to the petitioner, Rajwant Singh, son of Subeg Singh, resident of Village Ratta Khera, Police Station, Gulha, District Kaithal, who has been booked for having committed the offences punishable under Sections 18 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, ‘the NDPS Act’), in a case arising out of FIR No. 275, dated 25.8.2012, registered at Police Station, Tripuri, District Patiala. 2. Learned counsel contends that the petitioner is behind the bars from 25.8.2012; only 100 gms opium and 75 tablets (of unknown salt) were allegedly recovered from the petitioner; the petitioner moved an application for grant of bail before the learned Special Judge, Patiala, on 23.2.2013 and thereafter an application under Section 36A of the NDPS Act was presented by the investigating agency before the learned Special Judge, Patiala, for extension of time in presentation of the charge-sheet (report under Section 173, Cr.P.C.); and that the petitioner was entitled to bail in view of the provisions contained in Section 36A of the NDPS Act and Section 167(2), Cr.P.C.. To elaborate his submissions, learned counsel further contended that the learned Special Judge was not competent to enhance the limitation enumerated in Section 36A of the Act after expiry of 180 days after the arrest of the petitioner. He further submitted that even if the whole case of the prosecution was taken at its face value, then also the allegations are that 100 gms of opium and 75 tablets of unknown salt were recovered from the petitioner. 3. Learned counsel for the State on instructions from HC Nachhatar Singh of Police Station, Tripuri, Patiala, submits that now the charge-sheet has been submitted on 10.4.2013, therefore, the contention of the learned counsel for the petitioner that he (petitioner) be admitted to bail for non-compliance of Section 36A of the NDPS Act and Section 167(2), Cr.P.C., is not tenable. However, he fairly concedes that the petitioner is neither required not involved in any other case. 4. Heard. 5. 100 gms. of opium was allegedly recovered from the petitioner, which was concededly a non-commercial quantity. The 75 tablets of unknown salt, which were allegedly recovered from the petitioner, would fall within the commercial quantity, shall be a moot point during course of the trial. 4. Heard. 5. 100 gms. of opium was allegedly recovered from the petitioner, which was concededly a non-commercial quantity. The 75 tablets of unknown salt, which were allegedly recovered from the petitioner, would fall within the commercial quantity, shall be a moot point during course of the trial. The petitioner is behind bars for the last more than eight months. Despite expiry of 180 days, the investigating agency could not present the charge-sheet in the Court. Therefore, the petitioner prayed before the learned Special Judge for grant of bail in compliance of Section 36A of the NDPS Act and Section 167(2), Cr.P.C., which was declined. The period for filing the charge-sheet was extended beyond the period of 180 days. The petitioner is neither required nor involved in any other case. 6. Keeping in view the totality of the facts of the present case, the present petition is allowed. The petitioner, Rajwant Singh, son of Subeg Singh, resident of Village Ratta Khera, Police Station, Gulha, District Kaithal, is ordered to be released on bail during pendency of the trial of this case, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Patiala. --------0.B.S.0------------