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2014 Supreme(P&H) 433

M.M.S.BEDI
Hrang Tin Khara – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Dharmender Bhan, Advocate.
For the Respondent: Mr. Ankur Jain, AAG, Punjab.

JUDGMENT

Mr. M.M.S. Bedi, J.: - Petitioner seeks the concession of regular bail in a case of recovery of 2 kg of Pseudo ephedrine and 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride.

2. So far as Pseudo ephedrine is concerned, the provisions of Section 37 of the NDPS Act, for short ‘the Act’, are not applicable as no commercial quantity is provided for it as it is a ‘controlled drug’. So far as the recovery of 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride is concerned, counsel for the petitioner has contended that under Section 36 A (4) of the Act, the extension under said provisions can be granted by a Court in case commercial quantity of contraband is alleged to have been recovered. It is claimed that any quantity above 500 grams would fall under commercial quantity but 500 grams of intoxicating powder containing dextropropoxyphene hydrochloride will warrant the release of accused after a period of 60 days in case challan is not presented.

3. I have considered the contention of learned counsel for the petitioner and I am of the opinion that a bare reading of provisions of Section 36 A (4) of the Act makes it clear that t





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