In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 168 of 2011 Decided on Sept 01,2011 Rajesh Kumar alias Kaka --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mrs.K.K.Kahlon, Advocate, for the petitioner. Mr. Sagar Deswal,AAG,Haryana Rakesh Kumar Jain,J:(Oral) This is an application 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.95 dated 18.7.2010, under Sections 21,22/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'N.D.P.S.Act') at Police Station C- Division Amritsar. Allegation against the petitioner is that he was apprehended with 5000 capsules of Parvon spas and 500 grams smack. Learned counsel for the petitioner submits that if pure drug content is taken into consideration, then it falls within the definition of non commercial quantity and if the entire weight/ mixture is to be seen, then it is more than the commercial quantity. In CRM-M-20589 of 2011 (O&M) Gurinder Singh Vs. The State of Punjab, decided on 29.8.2011, this Court had taken a view that in view of the Notification No.S.O.2941 (E) dated 18.11.2009 of the Government of India, the entire mixture/ solution is to be seen and not the pure drug content. CRM-M- 168 of 2011 -2- Keeping in view the quantity of drugs which is more than the commercial quantity and Section 37 of the Act, the present bail application is hereby dismissed. Sept 01,2011 (Rakesh Kumar Jain) RR Judge