Crl. Misc. No.M-28971 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-28971 of 2009 Date of Decision: 08.01.2010 Satish Kumar ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Sanjay Gupta, Advocate for the petitioner. Mr. Sandeep Moudgil, D.A.G., Punjab ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) The quantity recovered from the petitioner is 60 kgs. of poppy husk, which is slightly above the commercial quantity. It is not denied by learned counsel for the petitioner that there were two persons intercepted by the police in the same vehicle. In the judgment rendered by this Court in the case titled as Sudhir vs. State of Haryana 2008(4) R.C.R. (Criminal) 385, wherein, it was held that bar of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is not applicable in case of recovery of 60 kg of Ganja recovered from three persons, meaning thereby, that it would Crl. Misc. No.M-28971 of 2009 2 amount to 20 kgs. of Ganja from each and not 60 kgs. which would amount to less than commercial quantity. In the present case, the recovery is 60 kgs. from two persons. Thus, 30 kgs. of poppy husk is to be attributed to the petitioner which is non commercial. Without commenting on the merit of the case, bail to the satisfaction of Chief Judicial Magistrate, Hoshiarpur. (NIRMALJIT KAUR) 08.01.2010 JUDGE gurpreet