The main legal point established in the judgment is that the limitations on granting bail under S. 37 of the NDPS Act apply only to specific offences and quantities, and in cases involving lesser than commercial quantity, the court should consider the nature and gravity of the offence before granting bail.

( 1 ) THESE three bail applications are under S. 439, Cr. P. C. for grant of bail during the pendency of the trial in respect of offence u/ss. 8/20, 8/20 and 8/18 respectively of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act" hereinafter) respectively.

( 2 ) IN Bail Application No. 1182/05 Shaffi mohammed v. State, a FIR No. 715/04 was registered u/s. 8/20 of the Act at Police station Kotwali, Baran as 4 kg. 400 gms. Ganja was recovered from the possession of the accused-petitioner on 21-11-2004. In Bail application No. 1195/05 Mohan Singh v. State, FIR No. 402/04 was registered at Police Station, Sevar (Bharatpur) u/s. 8/20 of the Act as 300 grams Charas was recovered from the possession of the accused-petitioner on 21-11-2004. Similarly, 1 kg. Opium with bag was recovered from accused-Sita Ram on 20-12-2004, therefore, fir No. 185/04 was registered against him for the offence u/s. 8/18 of the Act at Police Station Harnavda Shahji, Distt. Baran.

( 3 ) THE learned counsel for the petitioners submit that Ganja, Charas and Opium recovered in these cases are less than the "commercial quantity" as defined u/s. 2 (viia)of the Act, which means any quantity greater than the quantity specified by the Central government by Notification in the Official gazette. The Central Government has issued notification specifying commercial quantity. The Ganja, Charas and Opium has been mentioned at S. Nos. 55, 23 and 92 of the table of the Notification, which specifies the commercial quantity as 20 kgs. , 1 kg. and 2. 5 kgs. respectively. The quantity recovered in the present case is much less than the commercial quantity.

( 4 ) THE learned Public Prosecutor opposes the bail applications. His objection is that in view of limitation contained in Cl. (b) of sub-section (1) of S. 37 of the Act, this Court should not grant bail to the accused-petitioners unless, it is satisfied that there are reasonable grounds for believing that accused persons are not guilty of such offence and that they are not likely to commit any offence while on bail.

( 5 ) I have heard learned counsel for the petitioners as well as the learned Public prosecutor. The N. D. P. S. Act, 1985 was amended by Central Act 9 of 2001 (w. e. f. 2-10-2001 ). It would be appropriate to take note of few relevant provisions after amendment :-"section 2 (viia)- "commercial quantity," in relation to narcotic drug and psychotropic substances, means any quantity greater than the quantity specified by the Central government by notification in the Official gazette; section 2 (xxiiia)- "small quantity," in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette. Section 18- Punishment for contravention in relation to opium poppy and opium.-Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees : provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; (c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees. Section 20. Punishment for contravention in relation to cannabis plant and cannabis.-Whoever, in con