CRM-M-7840 of 2011 (O&M) - 1 – IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-7840 of 2011 (O&M) Date of Decision:27.07.2011 Mohd. Tariq @ Chunnu . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Nandan Jindal, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.69 dated 05.10.2010 under Sections 20, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station City- I, Malerkotla, District Sangrur. It is a fact that the petitioner was apprehended with 1 Kg of charas and is in custody w.e.f. 05.10.2010. Learned counsel for the petitioner has vehemently argued that his bail application has been rejected by the Court below on the ground that the recovery of narcotic falls within the definition of commercial quantity. In this regard, he has drawn attention of this Court to Section 2(viia) to contend that commercial quantity, in relation to Narcotic Drugs and Psychotropic Substances means any quantity greater than the quantity specified by the Central Government by notification in the official gazette. He then drew the attention of the Court to item No.23 of the table attached where it is mentioned that small quantity in grams is 100 and commercial quantity is 1 Kg. He has relied upon a decision of Full Bench of the Himachal Pradesh High Court in the case of “Ratto Vs. State of H.P.” 2004 (1) R.C.R. (Criminal) 501 and a decision of Single Bench of this Court in the case of “Mahavir Singh Vs. State of Haryana” 2006(1) RCR (Criminal) 799 to CRM-M-7840 of 2011 (O&M) - 2 – contend that commercial quantity would be anything beyond the outer limit mentioned in the table. He submits that had it been 1 Kg and few grams more then it would fall within the definition of commercial quantity otherwise upto 1 kg it is non-commercial quantity. Learned counsel for the respondent/State has submitted that though the recovered narcotics may be non-commercial quantity but it is 1 Kg charas which has been recovered from him when he was arrested by the police and the case is now fixed for 6.8.2011 for the purpose of examination of PWs, who are 12 in numbers. Keeping in view the facts and circumstances of the case and especially the fact that the evidence has started and the next date of hearing in the Court below is 6.8.2011, I do not fit it to be a fit case for grant of bail. Hence, the petition is hereby dismissed. . (RAKESH KUMAR JAIN) JULY 27, 2011 JUDGE Vivek