Crl. Misc. No. M-11455 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-11455 of 2011 Date of decision : 9.5.2011 Jatinder Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.S. Marwaha, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Thermal Bathinda, District Bathinda, vide FIR No.11 dated 5th March, 2010. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case. The alleged recovery is of 1 Kg of smack but according to FSL report, quantity of diacetylmorphine is only 15% which is not commercial in nature. The petitioner is, thus, entitled to concession of bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The petitioner when apprehended, recovery of 1 Kg of smack was effected from him. The said contraband contained active Crl. Misc. No. M-11455 of 2011 2 ingredient of smack i.e. diacetylmorphine. The argument of learned counsel is that same cannot be said to be commercial quantity, component of diacetylmorphine being 15.52%. This court in judgment Ashok Kumar v. State of Punjab bearing Crl. Appeal No.83-DB of 2007 held that entire quantity of contraband recovered has to be taken into consideration. I am, thus, of the considered view that the plea for bail by the petitioner is without any merit. In view of commercial quantity of the contraband recovered, Section 37 of the NDPS Act would be attracted to the facts of the present case. Dismissed. (RAJAN GUPTA) JUDGE 9.5.2011 'rajpal'