IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 26776 of 2011 (O&M) Major Singh .. Petitioner versus State of Punjab .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashok Giri, Advocate, for the petitioner. Rajesh Bindal, J. Prayer in the present petition is for grant of regular bail to the petitioner in FIR No. 59 dated 16.6.2011 registered under Sections 18/21/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') at Police Station Maqsudan, District Jalandhar. The recovery is 250 grams of smack and 100 grams of opium. Learned counsel for the petitioner submitted that quantity of smack and opium, if taken independently, does not fall within commercial quantity and the bar contained under Section 37 of the Act is not applicable. The contention raised by learned counsel for the petitioner is totally misconceived. An accused cannot be permitted to circumvent the law by claiming that he is carrying non-commercial quantity of different drugs at one point of time. In the present case, recovery from the petitioner is of 250 grams of smack and as per the Act any quantity of smack beyond 250 grams is commercial. In addition to that he is found to be in possession of 100 grams opium as well. Considering the aforesaid facts, I do not find this to be fit case for grant of regular bail at this stage. Accordingly, the petition is dismissed. ( Rajesh Bindal ) 5.9.2011 Judge vs