Crl. Misc. No. M-354 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-354 of 2011 (O&M) Date of decision : 6.1.2011 Gurtej Singh alias Geja ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. SPS Sidhu, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, vide FIR No.25 dated 11.2.2010 at Police Station Patti, District Tarn Taran. Learned counsel for the petitioner has argued that petitioner is in custody since 11th February, 2010 and trial of the case is still pending. The petitioner is, thus, entitled to be enlarged on bail. He has further submitted that the investigating agency joined one independent witness in the case but seal was not handed over to him after use. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. A perusal of the FIR shows that petitioner was found in possession of 121 Kgs. of poppy husk when a vehicle was intercepted by the police on 11th February, 2010. Since the petitioner was found in possession of contraband, quantity whereof is commercial in nature, Crl. Misc. No. M-354 of 2011 2 Section 37 of the NDPS Act would be attracted to the case. I am, thus, of the considered view that petitioner is not entitled to concession of bail. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 6.1.2011 'rajpal'