Crl. Misc. No. M-33639 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33639 of 2011 Date of Decision : 8th December, 2011 Bittu Ram .... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Gopal Singh Nahel, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Accused Bittu Ram has filed the instant petition under Section 439 of the Code of Criminal Procedure (in short Cr. P.C.) for regular bail in case FIR No.64 dated 23.05.2011 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) registered at Police Station City Ahmedgarh, District Sangrur. I have heard learned counsel for the petitioner and perused the case file. According to prosecution version, 8 liters of liquid and 2 kilograms 700 grams powder, found to be psychotropic substances, were recovered from the petitioner. Quantity of contraband substance allegedly recovered from the petitioner is commercial one. Therefore, in view of Section 37 of the Act, the petitioner does not deserve the concession of bail. Crl. Misc. No. M-33639 of 2011 -2- Counsel for the petitioner referred to affidavit Annexure P-2 and contended that samples were not taken to the chemical examiner on the same day on which they were taken out from Malkhana. However, prima facie it would not make any difference when it has been affirmed in the affidavit that the contents of the samples were not tampered with. It was also contended that no independent witness was joined at the time of recovery. However, this is question of appreciation of evidence, which is to be done by the trial Court. On the basis of this contention, the petitioner cannot be granted bail when bail is barred by Section 37 of the Act. Without meaning to express any opinion on merits of the case, the instant bail petition is dismissed. 8th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE