In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 20607 of 2010 (O&M) Date of decision: 22.9.2010 Balihar Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.B.S.Malik, Advocate, for the petitioner. Ms.Rajni Addl.A.G, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 27 dated 11.3.2010, under Sections 15 and 25 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Nabha District Patiala. The allegation against the petitioner is that he was travelling in a car driven by his co-accused and two bags of poppy husk weighing 35 kgs each were recovered from the car. Learned counsel for the petitioner has submitted that since 70 kgs of poppy husk was recovered from two persons, at the most it could be said that the petitioner was in possession of 35 kg Criminal Misc. No.M- 20607 of 2010 (O&M) -2- of poppy husk and the said quantity comes under the non commercial quantity. Learned State counsel, on the other hand, has opposed this petition. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. Two bags of poppy husk were recovered from the car in which the petitioner was travelling. At this stage, it cannot be said that one bag belongs to each of the accused. Since the contraband recovered from the petitioner and his co-accused falls within the commercial quantity, no ground for grant of bail to the petitioner is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE September 22, 2010 anita