Criminal Misc. No. M-28780 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-28780 of 2010 Date of decision : 01.03.2011 Amrik Singh and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Hemant Saini, Advocate for the petitioners. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioners vide FIR No. 537 dated 26.12.2009 under Section 21 of the NDPS Act at Police Station Civil Lines, Amritsar City. Learned counsel for the petitioners submits that petitioners have been in custody since 26.12.2009 and trial is still at its initial stage. He submits that trial is likely to take quite some time to conclude, thus, petitioners are entitled to the concession of bail. Learned State counsel has opposed the prayer for bail. He contends that recovery of dextropropoxyphene to the tune of 2523.9 grams was effected from the petitioners and they were apprehended on the spot. He submits that the said quantity falls within the definition of commercial Criminal Misc. No. M-28780 of 2010 2 quantity, thus, Section 37 of the Act would be attracted to the facts of the case. Heard learned counsel for the parties. It is evident that petitioners were apprehended on 26.12.2009 and 6000 capsules of provon spas, 33,000 tablets of subrinol and 5,000 tables of microlit were recovered from their possession. According to report of the chemical examiner, the quantity of dextropropoxyphene comes to about 2523.9 grams which falls within the commercial quantity. In view of heavy quantity of contraband effected from the petitioners which clearly falls within the purview of commercial quantity, Section 37 of the NDPS Act would be attracted to the instant case. Accordingly, the petitioners are not entitled to concession of bail. Dismissed. Trial court is, however, directed to make an effort to conclude the trial expeditiously. At this stage, learned State counsel, on instructions from H.C. Baldev Singh, who is present in court submits that the prosecution shall lead evidence before the trial court as expeditiously as possible. March 01, 2011 (RAJAN GUPTA) Ajay JUDGE