NARENDER ALIAS PANDHRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Narender alias Pandhri has filed this petition under Section 439 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) praying for grant of bail in case bearing. First of the Narcotic Drugs and Psychotropic substances Act 1985, (hereinafter referred to as the Act) registered against him at Police Station Sampla.

(2.) As per prosecution version on 7.3.2002 Assistant Sub Inspector Banars Dass of C.I.A. Staff Rohtak in the company of other police off vials had apprehended the petitioner-accused in the area of Village Balvana and recovered 200 gms of Charas from him. After completion of investigation challan has been filed in Court.

(3.) Counsel representing the petitioner-accused has submitted before me that the quantity of 'Charas' recovered from the possession of the accused cannot be termed as a "commercial quantity" and for that reason the case would not fall within the ambit of Section 37 of the act. He has,further stated that the accused has been in custody from the date of his arrest. The factual position has not been disputed by the state counsel.