Criminal Misc. No. M-34816 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34816 of 2010 Date of decision : 18.01.2011 Sukhraj Singh @ Sukha ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sunil Toni, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. 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. 163 dated 01.09.2010 under Sections 22, 21 (61) 85 of the NDPS Act at Police Station Lopoke, District Amritsar. Learned counsel for the petitioner submits that petitioner is entitled to bail as quantity of contraband recovered from the petitioner does not fall within the purview of commercial quantity. Learned State counsel has, however, pointed out that huge recovery of dextropropoxyphene hydrochloride has been effected from the petitioner. Tablets and capsules i.e. 18,600 in number, were recovered each containing 64.8 mg of drug. He further submits that as per entry at serial no 33 of the Schedule, the quantity of contraband (500 grams of Destropropoxyphene) is commercial in nature. Heard. Criminal Misc. No. M-34816 of 2010 2 In view of heavy quantity of contraband which clearly falls within the purview of commercial quantity, Section 37 of the NDPS Act would be attracted to the instant case. Accordingly, the petitioner is not entitled to concession of bail. The petition is devoid of merit and is hereby dismissed. January 18, 2011 (RAJAN GUPTA) Ajay JUDGE