JUDGMENT Mr. Inderjit Singh, J.: - Petitioner Suraj Singh has preferred this petition under Section 439 Cr.P.C., seeking regular bail in case FIR No.75 dated 10.09.2012, registered at Police Station Sadar Abohar, District Fazilka, under Sections 15 and 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘the Act’). 2. I have heard learned counsel for the petitioner and have gone through the record. 3. As per prosecution version, the police party saw a person throwing two bags out of his car make Swift, which was without number and on seeing the police party, the said person, fled away on his car and then police recovered one bag, containing poppy husk weighing 35 kgs. from another car in which Gursewak Singh and Suraj Singh (petitioner) were found sitting. As per prosecution version total 105 kgs. poppy husk has been recovered in this case which falls in commercial quantity. The mere fact that the Investigating Officer has stated in cross-examination that one bag was found in the car where the present petitioner alongwith Gursewak Singh was found sitting, does not mean that 35 kgs. poppy husk has been recovered from the petitioner. Statement of PW1 ASI Gurmeet Singh has also been placed on record and as per the said statement two cars were standing in front of the gate of ‘dhani’ and some persons were seen shifting ‘gatta’ bags from one car to another car. Even, in view of this, it cannot be held that only 35 kgs. poppy husk has been recovered from the petitioner. Section 37 of the Act bars to grant the bail to the person in case of commercial quantity. 4. Accordingly, the instant petition stands dismissed. ---------0.B.S.0------------