JUDGMENT Mr. M. Jeyapaul, J. (Oral):- The petitioner Harpreet Singh @ Happy has filed this petition praying for regular bail in a case registered under Section 15 of the NDPS Act. 2. It was originally alleged that the accused Harpreet Singh @ Happy, the petitioner herein and co-accused Kamaljit Singh were found sitting on two bags out of four bags each containing 20 kg. of poppy husk. 3. Learned counsel appearing for the petitioner Harpreet Singh @ Happy would submit that the allegation which was made originally as against the petitioner Harpreet Singh @ Happy was that he was found in possession of two bags of poppy husk containing 20 kg. Each. Therefore, it is his submission that the petitioner was found in possession of non-commercial quantity of contraband. Considering the fact that the petitioner has been in custody right from 09.11.2013, the petitioner Harpreet Singh @ Happy may be released on bail, it is submitted. 4. Learned State counsel would submit that the coaccused Kamaljit Singh was found innocent during the course of investigation, as per the enquiry report made available by the Superintendent of Police. He would further bring to the notice of this Court that the enquiry report submitted was received by the respondent-police on 24.02.2014 wherein co-accused Kamaljit Singh was found not involved in the transportation of contraband. As a consequence, on 19.03.2014, it is submitted that final report was filed charging the petitioner Harpreet Singh @ Happy alone. Discharge application has already been moved qua co-accused Kamaljit Singh. It is his submission that the petitioner was ultimately found in possession of 80 kg. of poppy husk. 5. Considering the contradictory stand taken by the investigating agency as regards the quantity of contraband alleged to have been recovered from the possession of the petitioner Harpreet Singh @ Happy and the duration of custody right from 09.11.2013, I find that the petitioner Harpreet Singh @ Happy is entitled to bail. 6. Coming to the co-accused Kamaljit Singh, it is found that he has not preferred any application for bail before this Court despite the fact that he was also arrested on 09.11.2013 and has been incarceration till today. Though, the co-accused Kamaljit Singh has not preferred any application for bail, I deem it appropriate to take up his case suo motu in the interest of justice. Though, the co-accused Kamaljit Singh has not preferred any application for bail, I deem it appropriate to take up his case suo motu in the interest of justice. I find that co-accused Kamaljit Singh should also be released forthwith on bail as it was found by the investigating agency based on the report made available by the Superintendent of Police that Kamaljit Singh was not in conscious possession of any contraband. No other criminal case is pending as against the petitioner as well as the non-petitioner Kamaljit Singh. 7. In view of the above facts and circumstances, bail is granted not only the petitioner Harpreet Singh @ Happy, but also to the non-petitioner Kamaljit Singh subject to the satisfaction of the trial Judge, Patiala. 8. This order communicated by fax or by any other fast mode to the co-accused Kamaljit Singh, who has not preferred any application for bail forthwith to avail the concession of bail granted by this Court.