Criminal Misc. No. M-18909 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-18909 of 2009 Date of Decision:29.10.2009 Sukhwinder Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. A.S. Dhaliwal, Advocate for the petitioner. Mr. T.S. Salana, Deputy Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Sukhwinder Singh under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.74 dated 30.3.2009 registered under Sections 15, 61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Jagraon, Police District, Ludhiana Rural, District Ludhiana. The facts in brief are that on 30.3.2009, 56 Kgs. poppy husk in two bags was recovered from the petitioner. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioner submitted with great eloquence that if 6 Kgs. is taken to be the weight of two empty gunny bags, then the recovered poppy husk falls within the definition of non-commercial quantity and that being so, concession of bail may be conferred upon the Criminal Misc. No. M-18909 of 2009 -2- petitioner. As against this, the learned State Counsel maintained that this being a case of commercial quantity, the petitioner is disentitled to bail. I have well considered the rival contentions. The common-men experience lends credence to the fact that the weight of empty gunny bag cannot be more than 500 garms. Thus, in the present one, the weight of two gunny bags can not exceed 1 Kg. If 1 Kg is deducted from 56 Kgs., then it comes to 55 Kgs. poppy husk which falls within the definition of commercial quantity. Section 37 of the Act reads as under:- [37. Offences to be cognizable and non-bailable. -- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) -- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. Criminal Misc. No. M-18909 of 2009 -3- (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.]” In the present one, there is nothing on the record to satisfy the Court that there are reasonable grounds for believing that the petitioner is not guilty of the alleged offence and he is not likely to commit any offence while on bail. Sequelly, this petition is dismissed. October 29, 2009 ( HARBANS LAL ) renu JUDGE