Criminal Misc. No. M-6878 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6878 of 2011 Date of decision : 27.04.2011 Rajesh @ Kala ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.K. Hooda, Advocate for the petitioner. Mr. Vikas Malik, AAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 332 dated 11.09.2010 under Sections 18/20/21(61)/ 85 of Narcotic Drugs and psychotropic Substances Act, 1984 (hereinafter referred to as ‘the Act’) at Police Station Rohtak Sadar, District Rohtak. Learned counsel for the petitioner has argued that Section 50 of the Act was not complied with. He submits that petitioner has been in custody since 12.09.2010 and thus he is entitled to concession of bail. Learned State counsel has opposed the prayer for bail. He submits that charas weighing 1 kg and 600 grams and 500 grams of opium were recovered from the petitioner when he was apprehended. He submits Criminal Misc. No. M-6878 of 2011 2 that Section 37 of the Act would be attracted and thus petitioner is not entitled to the concession of bail. Heard. It is evident that petitioner was apprehended on the spot. The allegation against the petitioner is that he was found in possession of 1 kg and 600 grams of charas and 500 grams of opium. In view of the fact that recovery effected from the petitioner is commercial in nature, Section 37 of the NDPS Act would be attracted to the facts of the instant case. Under the circumstances, the petitioner is not entitled to the concession of bail. Accordingly, the present petition is without any merit and is hereby dismissed. April 27, 2011 (RAJAN GUPTA) Ajay JUDGE