JUDGMENT

O.P. Dwivedi, J.— The short point involved for consideration in this batch of bail matters is whether percentage of diacetylmorphine as pointed out in the FSL reports in these cases is at all relevant for ascertaining whether quantity of drug or psychotropic substance recovered is small, commercial or in-between.

2. Facts of some of these cases should be noticed in order to appreciate the point of law raised in these matters. In bail application No. 360/2004, Yogesh Tyagi v. State, 1 Kg of smack was recovered from the three persons, 200 gram from Jitender Tyagi, 200 gram from Yogesh Tyagi and 600 gram from Vireshwar Tyagi. Separate samples were taken out from these lots and analyst FSL reported that samples contained diacetyl-morphine 1.12%, 1.2% and 1.24%. All three were challaned under Sections 21, 25, 29 of the NDPS Act (for short the ‘Act’). In bail application No. 665/2004, Jagjit Singh v. State, 1 kg and 220 gram of heroin was recovered. As per FSL report that the sample contained 5.9% of diacetylmorphine. In bail application No. 845/2004, Mohd. Yaseen v. State 1 kg. heroin was recovered which on analysis was found to contain diacetylmorphine 0.3%. In bail applica