CRM-M-29557-2011 [ 1 ] ::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29557-2011 Date of decision:14.11.2011 Surinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Satnam Singh Gill, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of regular bail in a pending trial case registered vide FIR No.121 dated 02.05.2011, under Sections 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short “the Act”] at Police Station Rajpura City, District Patiala. At the time of notice of motion, it was argued by learned counsel for the petitioner that the recovery is of 3 Kgs. of 'Sulpha' which, according to the Act, is a form of `Ganja' which is required to be more than 20 Kgs. to be brought within the definition of commercial quantity. In this regard, he has relied upon a decision of the Himachal Pradesh High Court in case Nagender Shah v. State of H.P., 2010(4) R.C.R. (Criminal) 194, whereas learned State Counsel has submitted that the recovered narcotic is `Charas' and not `Ganja'. He has referred to the order passed by the learned Trial Court wherein there is a reference of an order passed by this Court which has been relied upon. After hearing both learned counsel for the parties, keeping in view the facts and circumstances of the case and as per the report of the Chemical CRM-M-29557-2011 [ 2 ] ::::::: Examiner that the recovered material is found to be `Charas' being about 3 Kgs. which falls within the definition of commercial quantity, the petitioner cannot be extended the concession of regular bail in view of Section 37 of the Act. Hence, the present petition is hereby dismissed. November 14, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE