1. "The petitioner is the first accused among the two accused in Crime F. No. DRl/HZU/48B/ENQ-39(INT-29)/2017,(DRI, Hyderabad) of Sanga Reddy District registered for the offences punishable under Section 9A r/w 25 A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, "Act").

2. The petitioner/A1 is in judicial custody since 15-11-2017 for the date of the offence 14-11-2017 from which the crime is registered. The contraband involved is Ephedrine and its salts. It is notified by SO834E dated 26-03-2013 as one of the controlled substances under the Act. So far as the controlled substance concerned, there is no table in the schedule given as to same is possible of ascertainment as to involvement of the small quantity or commercial quantity or in between. Even, in the table defining the small quantity and commercial quantity and in between, the said contraband Ephedrine is not shown.

3. Section 25A of the Act speaks that if any person contravenes an order made under Section 9A, he shall be punishable with Rigorous Imprisonment for a term which may extent to ten years and shall also be liable to fine which may extend to one lakh rupees, provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding Rs. One lakh. So far as Section 9A of the Act, which is incorporated by amended Act 2 of 1989 with effect from 29-05-1989 in the main Act of 1985 concerned, it speaks that if the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. Sub-section (2) provides that without prejudice to the generality of the power conferred by subsection (1), an order made there under may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.

4. Here, there is possession of the controlled substance acquired by purchase or otherwise that attracts Section 9A with the penal consequence provided by Section 25A of the Act for not a case of the petitioner/Al of he got licence or permit for having in possession of the said controlled substance. As, "Controlled Substance" is defined in Section 2 (Viid) of the Act by the said amendment in 1989, to mean any substance which the Control Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International convention, by notification in the Official Gazette, declare to be a controlled substance. It is already declared that controlled substance, as referred supra, with effect from 26-03-2018 by SO834E notification referred supra as item No. 2.

5. The petitioner went unsuccessful more than once for regular bail from the involvement of the controlled substance of Ephedrine of a quantity of 179 Kgs. The remand of the petitioner is since 15-11-2017 undisputedly. So far as the limitations for grant of bail provided by Section37 of the Act concerned, it speaks as follows:

"37. Offences to be cognizable and non-bailable.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 2 [offences under Section 19 or Section 24 or Section 27 A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Pros