IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-27151 of 2011 Date of Decision:07.09.2011 Parkash . . .Petitioner Versus State Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Gaurav Mohunta, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. Petitioner has prayed for bail pending trial in a case registered vide FIR No.88 dated 11.3.2011 under Sections 20 & 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sadar Rohtak, District Rohtak. Allegation against the petitioner is that he was apprehended with 113 Kg of charas. It is submitted by learned counsel for the petitioner that search was not conducted in the presence of Gazetted Officer and the DSP is a Police officer who is always interested in the success of case to win laurels from his superiors. I have heard learned counsel for the petitioner and have not found any serious legal infirmity in the Police proceedings at the time of search of the petitioner. Thus, keeping in view the fact that a huge recovery of 113 kg of charas have been effected from the petitioner which falls within the definition of commercial quantity and attracts Section 37 of the Act, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) SEPTEMBER 07, 2011 JUDGE Vivek