( 1 ) THE matter is taken up for passing order on the bail petition filed by the petitioner. It has been argued on his behalf that the offence under section 20 NDPS Act, 1985 should be treated as bailable in view of the recent amendment of the said Act (Act No. 9 of 2001) whereunder the expression 'small quantity' has been redefined. According to Mr. Mukherjee the quantity of ganja seized in this case being only one kilogram will fall within the category of 'small quantity' rendering the offence punishable with imprisonment for one year only. His further contention is that in view of the provisions of section 41 of the amended NDPS Act the lesser punishment which has been prescribed under the amended section 20 of the Act should be awardable in respect of all pending matters including bail-petitions and in that view of the matter under the provisions of the second schedule of the Criminal Procedure Code the offence should be treated as a bailable one, the maximum punishment that can be awarded for such an offence being only one year. Mr. Mukherjee further attracts our attention to the provisions of section 40 of the said Act also read with its section 2 and argues t