Criminal Misc. No. M-3687 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-3687 of 2009 (O&M) Date of Decision:10.02.2009 Dilbagh Singh @ Bagga .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. D.S. Sandhu, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Dilbagh Singh @ Bagga under Section 439 of Cr.P.C seeking regular bail in case FIR No.05 dated 7.1.2008 registered under Sections 21/22/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the Act') at Police Station B Division, Amritsar. The facts in brief are that on 7.1.2008 as much as 500 grams of Heroin which falls within the definition of `commercial quantity' was recovered from the unauthorised possession of the petitioner. I have heard learned counsel for the petitioner. The petitioner has been charge-sheeted by the learned trial Court. The trial is in progress. Section 37 of the Act reads as under:- “[37. Offences to be cognizable and non-bailable.-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-- (a) every offence punishable under this Act shall be cognizable; Criminal Misc. No. M-3687 of 2009 (O&M) -2- (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] Needless to say, the Heroin allegedly recovered from the unauthorised possession of the petitioner falls within the definition of `commercial quantity' in terms of notification dated 19.2.2001 issued by the Central Government. There is nothing on the record to satisfy the Court that the petitioner is non-guilty of the offence punishable under the Act or that he is not likely to commit any offence while on bail. In these premises, no case is made out for grant of bail. Hence, this petition is dismissed. February 10, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No