Criminal Misc. No. M-970 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-970 of 2010 Date of decision : 04.08.2010 Pappu Prajapat ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.K. Trikha, Advocate for the petitioner. 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 petitioner vide FIR No. 57 dated 29.03.2009 under Sections 20, 61 & 85 of N.D.P.S. Act at Police Station Model Town, Hoshiarpur. Learned counsel for the petitioner has argued that the petitioner has been in custody since 29.03.2009 and trial of the case may take long time to conclude, thus, the petitioner may be enlarged on bail. Learned State counsel has opposed the prayer for bail on the ground that 30 kgs of Ganga was recovered from him which is a commercial quantity and thus Section 37 of the NDPS Act would be attracted to the facts of the case. This apart, learned counsel has emphasized that petitioner has been convicted in two other cases of similar nature. I have heard learned counsel for the petitioner. It is evident that allegation against the petitioner is that he was Criminal Misc. No. M-970 of 2010 2 found in possession of 30 kgs of Ganga, the same being commercial quantity, Section 37 of the NDPS Act would be attracted to the facts of the instant case. Keeping in view the aforesaid facts as well as antecedents of the petitioner, no ground to enlarge the petitioner on bail is made out. The petition is devoid of merit and the same is hereby dismissed. August 04, 2010 (RAJAN GUPTA) Ajay JUDGE