CRM No. M-23079 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-23079 of 2009 (O&M) Date of decision: 21.8.2009 Mohd. Ali Sahia alias Mohd. Ali Hassan ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Liaqat Ali, Advocate, for the petitioner. Rajan Gupta, J. This is a petition for regular bail in a case registered against the petitioner under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Barnala, District Barnala, vide FIR No.50 dated 30th August, 2008. The allegation in the FIR is that petitioner was apprehended while carrying a bag in his hand. On checking 3½ Kgs. of opium wrapped in a polythene, was recovered from the same. Learned counsel for the petitioner has argued that the petitioner has been languishing in jail since 30th August, 2008. He is a student of 11th class. So, no useful purpose will be served by detaining him in custody during the pendency of the trial. Thus, he is entitled to the concession of bail during pendency of trial. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. CRM No. M-23079 of 2009 2 The contraband allegedly recovered from the petitioner is 3½ Kgs. opium. This is a commercial quantity, attracting Section 37 of the NDPS Act. In view of the fact that recovery alleged is of commercial quantity, I do not find it a fit case for enlarging the petitioner on bail. The prayer is thus rejected. The petition is hereby dismissed. (RAJAN GUPTA) JUDGE August 21, 2009 'rajpal'