Gurinder Singh vs The State Of Punjab on 29 August, 2011
Learned counsel for the petitioner has submitted that it is
the pure drug content which is to be seen and not the entire weight of
the medicine for the purpose of deciding as to whether it falls within the
commercial quantity or non-commercial quantity. However, in view of
the notification No.S.O.2941(E) dated 18.11.2009 and the decision of
this Court passed in CRM-M-20589 of 2011 titled as "Gurinder Singh
Vs. The State of Punjab" decided on 29.8.2011, it is not the pure drug
content which is to be seen but the entire weight is to be considered
and since the entire weight of the recovered psychotropic drug is more
than commercial quantity, therefore, the petitioner cannot be granted
bail in view of Section 37 of the NDPS Act. Hence, the present bail
application is hereby dismissed.