NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 439 Cr.P.C read with Section 167(2) Cr.P.C for grant of regular bail to the petitioner in case FIR No.73 dated 01.07.2015 registered under Section 15 of the Narcotic Drugs and Psychotropic Act, 1985 (here-in-after referred to as 'the Act') at Police Station Sadar, Kot-Kapura, District Faridkot.

(2.) Learned counsel for the petitioner submits that the bail application filed by the petitioner under Section 167(2) of the Cr.P.C has been dismissed on the ground that he was found in possession of 50 kgs. of poppy husk, whereas, the weight of the bag has not been excluded. The "commercial quantity" has been defined under the Act and any quantity which is greater than the quantity specified by the Central Government by notification shall be treated as "commercial quantity". The recovery in the present case is 50 kgs. of poppy husk and it does not fall under the "commercial quantity".

(3.) Learned counsel for the petitioner has relied upon the judgment of Rajasthan High Court in case Chanda Soni (Smt.) @ Pushpa vs State of Rajasthan, 2010 3 RCR(Cri) 728, in support of his contentions.