Crl. Misc. No. M-34512 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-34512 of 2011 Date of Decision : November 22, 2011 Sukhpreet Singh @ Babbu .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Manish Bansal, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Accused Sukhpreet Singh @ Babbu has filed this petition for regular bail in case FIR No.21 dated 23.03.2011, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short – the Act) registered at Police Station Sadar, District Mansa. I have heard learned counsel for the petitioner and perused the case file. According to the prosecution version, large quantity of drugs falling within the purview of the Act was recovered from the petitioner. As per notification dated 18.11.2009, the entire quantity of the drug has to be Crl. Misc. No. M-34512 of 2011 2 taken into consideration to determine whether the quantity is commercial or non-commercial or small quantity. Consequently, the contention, that quantity of psychotropic substance in the drug was not commercial, cannot be accepted, at this stage. Since the quantity of the drugs allegedly recovered from the petitioner was commercial one, the petitioner does not deserve the concession of bail in view of Section 37 of the Act. The contention of counsel for the petitioner, that seal was not handed over to independent witness present with the police party would depict that the petitioner has been implicated in false case, cannot be accepted at this stage. Dismissed, without meaning to express any opinion on merits of the case. November 22, 2011 ( L. N. MITTAL ) monika JUDGE