In the Punjab and Haryana High Court, at Chandigarh. CRM-M-3741 of 2011 (O&M) Decided on Sept 05,2011 Gurdev Singh --Petitioner vs. State of Punjab --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Karanjit Singh,Advocate, for the petitioner Mr.A.S.Rai, DAG, Punjab Rakesh Kumar Jain,J:(Oral) This is a petition for bail pending trial under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.73 dated 08.8.2010, under Sections 21,22/21,61 and 85 of the Narcotic Drugs & Psychotropic Substances Act,1985 (for short, NDPS Act) at Police Station Ramdas, District Amritsar. Allegation against the petitioner is that he has been apprehended with 670 grams of heroin. The petitioner had applied for bail before the Court below which was dismissed on 04.1.2011 on the ground that the alleged recovery falls within the commercial quantity to which Section 37 of the Act, is attracted. Learned counsel for the petitioner submits that he is in custody for more than one year and the trial is not making any headway, whereas the learned counsel for the State, on instructions from ASI Kuldip Raj, submits that there are total 11 witnesses out of whom two have been examined and CRM-M-3741 of 2011 -2- the two have been summoned for examination on 06.9.2011. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case coupled with the facts that the recovery falls within the commercial quantity, I do not find it to be a fit case for grant of bail. Hence, this bail application is dismissed. Sept 05,2011 (Rakesh Kumar Jain) RR Judge