JUDGMENT Mr. Jitendra Chauhan, J. (Oral) - The instant petition has been preferred under Section 439 Cr.P.C. seeking regular bail in FIR No.8 dated 17.01.2014, under Sections 15 of the NDPS Act, registered at Police Station Balachaur, Distt. SBS Nagar. 2. There is no assistance on behalf of the petitioners. In the circumstances, Mr. Rajesh Kapila, Advocate, who is present in the Court, is appointed as amicus curiae, to assist this Court, on behalf of the petitioners. His remuneration shall be paid by the State Legal Services Authority, Punjab, as per the Rules. A complete copy of the paper book has been handed over to the learned amicus curiae, in the Court. 3. The learned amicus curiae contends that the recovery was allegedly effected from two bags weighing 52 kgs. The weight of the gunny bags has also been included. The quantity allegedly recovered is ‘non commercial’. The petitioners are not involved in any other FIR. They are in custody since 17.01.2014. 4. On the other hand, the learned State counsel, on instructions, submits that the challan is yet to be presented. 5. Heard. 6. The factum with regard to the quantity recovered and the non-involvement of the petitioners in any other FIR, is admitted by the learned State counsel. The question as to whether the quantity is commercial or otherwise, shall be gone into by the trial Court. The petitioners are in custody since 17.01.2014. The challan is yet to be presented. Thus, the trial is not likely to be concluded in the near future. Therefore, no purpose would be achieved in keeping the petitioners under further incarceration. 7. In view of the above, without commenting on the merits of the case, the present petition is allowed. The petitioners be admitted to bail during the pendency of the trial, subject to furnishing bail bonds and surety, to the satisfaction of the trial Court. ---------0.B.S.0------------