Crl. Misc. No. M-3088 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-3088 of 2011 (O&M) Date of decision : 4.2.2011 Nirmal Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sanjeev Kumar Bawa, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 15/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Baghapurana, District Moga, vide FIR No.62 dated 18th April, 2009. Learned counsel for the petitioner submits that while effecting the recovery, procedure as prescribed under NDPS Act was not followed and thus, the petitioner is entitled to be enlarged on bail. Heard. The allegations in the FIR is that 10 bags of poppy husk each containing 35 Kgs thereof were recovered from the possession of the petitioner and two other accused, namely Harnek Singh and Mander Singh. The contraband recovered clearly falls within the definition of commercial quantity, thus, Section 37 of the NDPS Act would be Crl. Misc. No. M-3088 of 2011 2 attracted in the present case. The petitioner is not entitled to be enlarged on bail. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 4.2.2011 'rajpal'