SURYA KANT, J. - (1.) THIS order shall dispose of Crl. Misc. No. 45170-M of 2007 and Crl. Misc. No. 48581-M of 2007 as both these petitions under Section 439 Cr.P.C. for the grant of regular bail have arisen out of F.I.R. No. 154 dated 8.6.2007 under Sections 17, 18, 61/85 of the N.D.P.S. Act, registered at Police Station Sadar Sirsa.
(2.) AS per the allegations contained in the F.I.R., a Maruti Alto car while it was coming from the side of village Mallekan, was stopped by the Police Patrolling party and upon search thereof, opium weighing 2 kgs. 500 grams was found lying in it. The car was allegedly being driven by Sukhwinder Singh whereas the co-accused Krishan Kumar was sitting inside. Both these petitions have been filed by Sukhwinder Singh and Krishan Kumar for their release on regular bail. One of the contentions raised on behalf of the petitioners is that even as per the allegations contained in the F.I.R., the alleged contraband recovered from them i.e. 2.5 Kgs. of opium would fall within the ambit of "non- commercial quantity", therefore, rigors of Section 37 of the Act are not attracted. In this regard, reference has been made to the expression "commercial quantity" as defined under Section 2(7-A) of the Act read with notification No. SO 1055(E) dated 19.10.2001 issued by the Central Government (Sr. No. 92).
(3.) SECTION 2(7-A) of the Act defines "commercial quantity" and reads as follows :- "(viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;" (emphasis laid) ;