IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-18915 of 2009 Date of decision : September 22, 2009 Mumtaz Ahmed ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vipul Aggarwal, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Mumtaz Ahmed has filed this petition for bail in case FIR No. 148 dated 1.9.2008 under section 22 of NDPS Act, Police Station Zirakpur, District SAS Nagar (Mohali). I have heard learned counsel for the parties and perused the case file. According to the prosecution version, 960 grams of cocaine was recovered from the petitioner. Learned counsel for the petitioner contended that as per report of Chemical Examiner, Annexure P/2, percentage of cocaine was found to be 9.71% only and therefore, the quantity of cocaine would came to 93.216 grams which is less than commercial quantity of 100 grams. Criminal Misc. No. M-18915 of 2009 -2- Learned State counsel on the other hand contended that even the quantity of pure cocaine is just bordering the commercial quantity and therefore, the petitioner does not deserve the concession of bail. Learned counsel for the petitioner vehemently contended that the petitioner was actually apprehended at Nuh (District Mewat in Haryana) while riding pillion of a motorcycle and since motorcycle driver ran away, the petitioner was caught and the contraband substance was recovered from a bag in the motorcycle and Nuh police handed over the petitioner to Zirakpur police for being implicated in the case. The contention is completely meritless as to substantiate this, the petitioner has not put any material on record. There is no reason for Nuh police to hand over the petitioner to Zirakpur police and there is also no reason why Nuh police could not have registered the FIR for recovery in the manner alleged by learned counsel for the petitioner. On the other hand, learned State counsel, on instructions from ASI Anup Singh, states that the petitioner was apprehended while standing at bus stand Zirakpur and the contraband was recovered from the bag which the petitioner was carrying. Keeping in view all the circumstances but without meaning to express any opinion on merits, the petitioner does not deserve the concession of bail. Dismissed. ( L.N. Mittal ) September 22, 2009 Judge 'dalbir'