Crl. Misc. No.M-20827 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-20827 of 2011. Date of decision: September 15, 2011. Janakraj alias Mama .. Petitioner VERSUS State of Punjab .. Respondent CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Ritesh Pandey, Advocate, for the petitioner. Mr.Kiratpal Singh Sidhu, DAG., Punjab. * * * M.M.S.BEDI, J (ORAL). Petitioner was found in possession of intoxicating powder weighing 550 gms. On chemical examination, 24.44 per cent dextroprophene was found in the powder. Counsel for the petitioner submits that the actual dextroprophene chemical, if any, calculated on the basis of the percentage, is considered, the petitioner will be deemed to have been found in possession of about 128 gms. of dextroprophene powder which is a non-commercial quantity. Though the provisions of Section 37 of the NDPS Act, are not applicable in non-commercial quantity, but the petitioner, as a matter of right, cannot be granted the concession of bail. ...1 Crl. Misc. No.M-20827 of 2011 Counsel for the petitioner, however, submits that the petitioner has been in custody for the last about 184 days but challan has not been presented. State counsel, on the instructions of Head Constable Amarjit Singh informs that challan has not yet been presented. The petitioner in such eventuality can be granted the concession of bail as he is entitled for bail in said circumstances under Section 167 (2) Cr.P.C. Without expression of any opinion, the petition is allowed. It is ordered that the petitioner will be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate, Gurdaspur, subject to an additional condition that he will not commit the similar offence of which he is accused of during the entire period of trial. (M.M.S.BEDI) JUDGE September 15, 2011. rka ...2