Criminal Misc. No. M-19729 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19729 of 2010 Date of decision : 05.08.2010 Joga Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Dinesh Nagar, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 40 dated 24.02.2010 under Sections 15-61-85 NDPS Act at Police Station Banga, SBS Nagar (Nawanshahr). Learned counsel for the petitioner has argued that the quantity of contraband recovered from the petitioner was only marginal higher than the commercial quantity. This apart, the petitioner was not apprehended on the spot, thus, he is entitled to the concession of pre-arrest bail. Learned State counsel has, however, opposed the prayer for bail on the ground that vehicle from which the contraband has been recovered belongs to the petitioner. He submits that the petitioner is involved in another case under the Excise Act and FIR No. 254 dated 23.08.2004 was registered against him. He further submits that in view of Section 37 of the NDPS Act, the prayer for pre-arrest bail is mis-conceived. Criminal Misc. No. M-19729 of 2010 2 I have heard learned counsel for the parties. Admittedly, the quantity of contraband was commercial in nature, thus, Section 37 of the NDPS Act would be attracted to the instant case. In the affidavit filed by the investigating officer today it has been stated that the petitioner was involved in another case under the Excise Act. Under the circumstances, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. August 05, 2010 (RAJAN GUPTA) Ajay JUDGE