Crl. Misc. No. M-28924 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-28924 of 2011 Date of Decision : October 18, 2011 Bharat Bhushan @ Bholu .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Shashi Kumar Rattan, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Bharat Bhushan @ Bholu has filed the instant petition for grant of regular bail in case FIR No.264 dated 18.07.2010, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short – the Act), registered at Police Station Samana, District Patiala. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, three kilograms of sulfa/charas was recovered from the petitioner. The quantity of contraband substance recovered from the petitioner is commercial one, and therefore, he Crl. Misc. No. M-28924 of 2011 2 is not entitled to benefit of bail in view of Section 37 of the Act. Counsel for the petitioner, relying on a Division Bench judgment of Himachal Pradesh High Court in the case of Nagender Shah vs. State of H.P. reported as 2010 (4) R. C. R. (Criminal) 194, contended that the contraband substance cannot be said to be charas. The contention is completely untenable because no such conclusion was recorded in the aforesaid judgment. On the other hand, in that case, the appellant-accused was acquitted because prosecution evidence was found to be doubtful. Dismissed, without meaning to express any opinion on the merits of the case. As prayed for, the trial court is directed to expedite the trial. October 18, 2011 ( L. N. MITTAL ) monika JUDGE