JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Crl.Misc. No. 31593 of 2013 Prayer in this application is for placing on record the document (Annexure P-8). 2. Heard. 3. Allowed as prayed for. 4. The document (Annexure P-8) is taken on record. Crl.Misc.No. 15230 of 2013 5. Prayer in this petition is for grant of regular bail to the petitioner, Rakesh Kumar, who has been booked for having committed the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No.210, dated 30.12.2012, registered at Police Station, City Fazilka. 6. Learned counsel contends that even if the whole case of the prosecution is taken at its face value then also the petitioner was allegedly found in possession of 100 capsules of Petmol Spas which falls in the category of non-commercial quantity; that the petitioner is behind the bars from 30.12.2012; and that the petitioner is neither required nor involved in any other case. 7. Learned counsel for the State fairly conceded that the recovery of 100 capsules would attract the provisions of noncommercial quantity but at the same time he submits that 200 grams of intoxicating powder was recovered from the possession of the co-accused of the petitioner, therefore, both the materials would attract the provisions of commercial quantity. 8. Heard. 9. The conscious possession of 200 grams of intoxicating powder recovered from the co-accused would be a moot point during the course of trial. The recovery of 100 capsules is concededly a non-commercial quantity. The petitioner is neither required nor involved in any other case. After thorough investigation, the charge-sheet has already been submitted. The petitioner is behind the bars from 30.12.2012. 10. Keeping in view the peculiar circumstances of the case, the present petition is allowed. Petitioner-Rakesh Kumar son of Mukand Lal, resident of Uddan Wali Basti, Fazilka, is ordered to be released on bail during the pendency of the present case, subject to his furnishing bail bonds to the satisfaction of the learned trial court. ---------0.B.S.0------------ —————————