Criminal Misc. No. M-1596 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-1596 of 2009 (O&M) Date of Decision:10.02.2009 Rulda Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Manoj Kumar Sood, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Rulda Singh under Section 439 of Cr.P.C seeking regular bail in case FIR No.289 dated 21.6.2007 registered under Sections 60, 25, 15, 61, 85 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the Act') at Police Station Saddar, Patiala. The facts in brief of the prosecution case are that on 21.6.2007 at 5:35 A.M in the area of Village Maine, the petitioner along with his two co-accused was found in possession of 10 bags containing 400 Kgs of poppy husk without any permit or licence. I have heard learned counsel for the petitioner. As per the status report, the petitioner along with his co-accused has been charge- sheeted under Section 15 of the Act. Section 37 of the Act reads as under:- “[37. Offences to be cognizable and non-bailable.-- (1) Criminal Misc. No. M-1596 of 2009 (O&M) -2- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] Needless to say, the poppy husk allegedly recovered from the unauthorised possession of the petitioner as well as his co-accused falls within the definition of `commercial quantity' in terms of notification dated 19.2.2001 issued by the Central Government. There is nothing on the record to satisfy the Court that the petitioner is non-guilty of the offence Criminal Misc. No. M-1596 of 2009 (O&M) -3- punishable under Section 15 of the Act or that he is not likely to commit any offence while on bail. In these premises, no case is made out for grant of bail. Hence, this petition is dismissed. February 10, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No