IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8536 of 2011 DATE OF DECISION: March 23, 2011 Surinder Singh …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.H.S. Rakhra, 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 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide FIR No.70 dated 4.5.2010 at police station Sadar Abohar, District Ferozepur. Learned counsel for the petitioner has argued that in the FIR registered by the police, it was stated that smack weighing about 300 grams was recovered from the petitioner when he was apprehended on 4.5.2010. Learned counsel has referred to report of Assistant Chemical Examiner dated 19.5.2010 (Annexure P-1) and submits that analysis of the contraband shows that it contained diacetylmorphine which is a chemical found in heroine or opium derivatives. He submits that mentioning of smack in the FIR shows that investigation was not conducted in the Crl.Misc.No.M-8536 of 2011 - 2 - proper manner and even the chemical report had been mechanically prepared by the laboratory. I have heard learned counsel for the petitioner. A perusal of the Assistant Chemical Examiner’s report shows that contraband which was recovered from the petitioner contained diacetylmorphine which is a narcotic substance and thus, the argument that the entire case of the prosecution becomes doubtful, as in the FIR the contraband recovered was stated to be smack, is misconceived. It appears that petitioner had earlier preferred a similar petition (Crl.Misc.No.M-34932/2010) which was dismissed as withdrawn vide order dated 13.1.2011. In view of the fact that quantity of contraband recovered from the petitioner is commercial in nature, section 37 of the Act would be attracted to the instant case. The petition is thus, devoid of merit and is hereby dismissed in limine. March 23, 2011 ( RAJAN GUPTA ) pc JUDGE