Crl. Misc. No. M-14746 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-14746 of 2011 (O&M) Date of decision : 17.5.2011 Rajesh Kumar @ Jassi @ Commando ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Pardeep Rajput, Advocate for the petitioner. Rajan Gupta, J. This is a petition under Section 439 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and Sections 411, 420 and 472 IPC at Police Station Sultanwind, Amritsar, District Amritsar, vide FIR No.127 dated 30th July, 2010. Learned counsel for the petitioner has argued that according to FSL report, quantity of contraband recovered is 16.16% per 100 grams and the same would fall within the definition of non-commercial quantity and thus, the petitioner is entitled to concession of bail. He has relied upon judgment of this court in Sheikher Singh alias Shera Vs. State of Punjab, bearing Crl. Misc. No. M-17948 of 2009, decided on 12.10.2009 I have heard learned counsel for the petitioner and given careful thought to the facts of the case. On 30th July, 2010, the police laid a Naka at Tarn Taran Crl. Misc. No. M-14746 of 2011 2 road opposite Muraba Wali Gali. One Accent car of silver colour and having registration No.PB-25C-6789 was apprehended by the police. In the front seat of the car, petitioner Rajesh Kumar alias Commondo was sitting. While co-accused Bhupinder Singh and Sunil Kumar managed to flee, occupants on the front seat were apprehended. From the said car 1 Kg. of heroin was recovered. In view of the commercial quantity of contraband recovered from the vehicle, I am of the considered view that Section 37 of the Act would be attracted to the facts of the case. As regards argument of learned counsel for the petitioner that percentage of diacetylmorphine in the sample of the heroin recovered is only 16.16% and same would be non-commercial, is without any merit. In judgment Ashok Kumar Vs. State of Punjab, bearing Crl. Appeal No.83-DB of 2007, decided on September 28, 2010, the Division Bench of this court has held that entire contraband recovered has to be taken into consideration and not percentage thereof. The aforesaid judgment in Sheikher Singh alias Shera (supra) by a Single Bench of this court, thus, cannot help the case of the petitioner. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 17.5.2011 'rajpal'