The Court: The matter is taken up today for passing order on the bail petition filed by the petitioner-accused. We have already heard the submissions of both sides. The contention of Mr. Bagchi, the Ld. Advocate for the petitioner, is that the offences alleged against the petitioner are to be treated as practically bailable in view of the latest amendment of the N.D.P.S. Act, 1985 (as amended in 2001) (Act 9 of 2001), because, the quantity of heroin which has been seized from the possession of the petitioner being only 3.5 grams fall short of the prescribed "small quantity" which amounts to 5 (five) grams as per the Govt. Notification issued under the said amended Act. Mr. Bagchi refers to the provisions of section 3 of the amended Act whereunder 'small quantity' in relation to Narcotic Drugs and Psychotropic Substances has been defined to mean any quantity lesser than the quantity specified by the Central Govt. by Notifications in the Official Gazette, namely, the Notification of the Govt. of India, Ministry of Finance, dated 27th September, 2001 and also the Notification dated 19th October, 2001. Under the latter the quantity constituting "small quantity", "commercial qua