IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25031-2011 (O&M) Date of decision:19.08.2011. Krishan ...Petitioner Versus State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sandeep Kotla, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of bail in a pending trial case registered vide FIR No.253 dated 17.04.2011, under Section 20 of the NDPS Act at Police Station City, Rohtak. The allegation against the petitioner is that he was found in possession of 1 Kg. 10 grams of Charas. The petitioner had applied for bail before the learned Trial Court which was dismissed on 27.07.2011 on the ground that the recovery falls within the definition of commercial quantity and in view of the rigour of Section 37 of the NDPS Act, bail cannot be granted. Learned counsel for the petitioner has submitted that possession of Charas upto 1 Kg. falls within the non-commercial quantity and it is only 10 grams more which is alleged to have been recovered for which bail to the petitioner may not be denied on the pretext of rigour of Section 37 of the NDPS Act. I have heard learned counsel for the petitioner and have considered the facts and circumstances of the case but I do not find any substance in his argument in order to take a view different from the view taken by the learned Trial Court because the recovery falls within the commercial quantity and Section 37 of the NDPS Act creates a bar to grant bail. Hence, the present petition is hereby dismissed. August 19, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE