CRM-M-23850-2011 - 1 - ::::::: IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23850-2011 Date of decision:01.09.2011. Krishan Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Gaurav Sharma, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** Rakesh Kumar Jain, J. This is a petition for grant of regular bail in a pending trial case registered vide FIR No.125 dated 05.04.2011, under Sections 20/22 of the NDPS Act at Police Station Barnala. The allegations contained in the FIR are that the petitioner was seen coming from the side of Handaya Road, Barnala carrying a bag in his right hand. On seeing the police party, he was got frightened and tried to move towards the left side but, on suspicion, he was stopped and overpowered from whom 300 grams of Sulfa and 230 strips of Parvon Spas (containing 10 capsules each, total 2300 capsules) were recovered. Learned counsel for the petitioner has submitted that as per the report of the Chemical Analyst, the narcotic substance in the capsules has been found to be Dextropropoxyphene Hydrochloride to the extent of 64.8mg/cap which falls within the permissible limit. However, learned State Counsel has submitted that vide notification No.S.O.2941(E) dated 18.11.2009, an amendment has been brought in the notification No.S.O.1055(E) dated 19.10.2001 and a note No.4 has been added in the table according to which the entire mixture/solution of the narcotic drug or psychotropic substance has to be considered and not just its pure drug content. This matter has been thoroughly dealt with by this Court in CRM-M-20589-2011 titled as `Gurinder Singh Vs. CRM-M-23850-2011 - 2 - ::::::: The State of Punjab' decided on 29.08.2011. Faced with this argument, learned counsel for the petitioner has submitted that if the entire mixture/solution is to be considered instead of pure drug content, then the recovered drug would fall within the definition of commercial quantity. I have heard both the learned counsel for the parties and perused the record with their able assistance. In view of the decision of this Court in Gurinder Singh's case (supra) in which the effect of the notification dated 18.11.2009 has been considered, the petitioner is not entitled to bail as he has admitted that the entire mixture/solution of the drugs recovered from him would fall within the definition of commercial quantity to which Section 37 of the NDPS Act is attracted with full rigour. Hence, the present petition is hereby dismissed. September 01, 2011 (Rakesh Kumar Jain) vinod* Judge