Crl.M.No.25768-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.25768-M of 2010 Date of Order: 17.11.2010 Nirvair Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. H.S. Baath, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.184 dated 25.12.2009 under Section 22 of the NDPS Act, P.S Zira, District Ferozepur. Learned counsel submits that though the recovery of 38.900 tablets and 432 capsules, which are psychotropic substances under the NDPS Act and would amount to commercial quantity, yet it is contended that the contraband has been recovered from the possession of pillion rider (Pagga Singh) of the petitioner, who had sought a lift from the petitioner, and therefore, it cannot be said that the recovery has been effected from the possession of the petitioner. It is further submitted that the petitioner is in custody since 25.12.2009 and prima facie no case is made out against the petitioner. Learned state counsel on the basis of record submits that co- accused Pagga Singh (pillion rider) in his statement has revealed that he Crl.M.No.25768-M of 2010 #2# along with Nirvair Singh-present petitioner was carrying contraband and committed a mistake. He further submits that the evidentiary value of the evidence is to be considered at the stage of trial and keeping in view the commercial quantity of the drug seized, no concession of bail can be granted. Without commenting upon merit of the case and taking into account the quantity of the contraband being commercial, I find no ground to grant the concession of bail to the petitioner. Dismissed. November 17, 2010 ( JASWANT SINGH ) manoj JUDGE