1 S.B.Cr. Misc. Bail Application No.2889/2007 (Subhash vs. State of Rajasthan) Date of order : August 13, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Sanjiv Sharma, for the petitioner. Mr.Vishnu Kachhawaha, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by the learned counsel for the petitioner that the petitioner was driver of Scorpio Vehicle, which was alleged to have been found carrying 288 Kg. and 700 gms. of poppy straw. Learned counsel for the petitioner submits that two other occupants of the vehicle, who were the owner of the poppy straw fled away. The petitioner has nothing to do with the offence. Learned Public Prosecutor submits that it cannot be said that such a huge quantity of poppy straw was being carried in the vehicle of which the petitioner was driver, without his knowledge. Learned Public Prosecutor submits that section 2 37 of the NDPS Act bars the bail in such matters when the commercial quantity is involved. Keeping in view the facts and circumstances of the case and the fact that the petitioner is the driver of the vehicle, which was found carrying poppy straw weighing 288 kgs. and 700 gms, which is commercial quantity, in my view, it is not a fit case for grant of bail to the petitioner. The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. (H.R.PANWAR),J. m.asif/-