IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 33980 of 2008 (O&M) Date of decision : February 06, 2009 Santro ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Hariom Attri, Advocate for the petitioner Mr. SS Pattar, Sr. DAG Haryana Pritam Pal,J. (Oral) Petitioner has brought this petition under section 439 of Code of Criminal Procedure for seeking regular bail in case FIR No. 378 dated 24.8.2008 under sections 15,25,61,85 of the NDPS Act registered at Police Station Ratia District Fatehabad. In this case recovery of 120 kgs of poppy husk is alleged to have been effected from the house of the petitioner. Admittedly, the aforesaid quantity is a commercial one. However, learned counsel for the petitioner contends that there are three accused in this case and if the same is equally distributed, then it comes down to 40 kgs each which is non- commercial quantity. This argument raised on behalf of the petitioner is of no consequence since the entire recovery is stated to be effected from her. Criminal Misc. -M No. 33980 of 2008 (O&M) -2- Be that as it may, without commenting on the merits of the case and taking into consideration the provisions of section 37 of the NDPS Act, the petitioner is not entitled for bail. Criminal Misc. petition is dismissed. ( Pritam Pal ) February 06, 2009 Judge 'dalbir'