CRM No. M-33532 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-33532 of 2009 (O&M) Date of decision: 30.11.2009 Mohan Lal alias Mohani ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. SPS Sidhu, Advocate, for the petitioner. Rajan Gupta, J (oral). This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 18/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Abohar, District Ferozepur, vide FIR No.97 dated 18th May, 2009. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the case. The car, from which the recovery is alleged to have been effected, does not belong to the petitioner. This apart, the recovery is slightly above the non- commercial quantity. The petitioner, thus, deserves to be enlarged on bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The allegations in the FIR are that on 18th May, 2009, one Indica car was intercepted by the police on Abohar-Dabwali road. On CRM No. M-33532 of 2009 2 search of the said car, 2.75 Kgs. of opium was found concealed in its tool box. Sample of the opium was taken and sent to the Forensic Science Laboratory. The petitioner was taken in custody. In view of the fact that petitioner was apprehended while in possession of opium and the quantity being commercial in nature, I am of the considered view that petitioner is not entitled to be enlarged on bail. Section 37 of the NDPS Act would be attracted in the instant case. The petition is, thus, devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE November 30, 2009 'rajpal'