Honble YADAV, J. – Heard learned counsel for the applicant and learned P.P. for the State.

(2). The main thrust of argument of the learned counsel for the applicant before me is that in the present case, the quantity of brown sugar, which is alleged to be small quantity of 250 Milligram.According to learned counsel for the applicant, Central Government had categorically specified quantity of Narcotic Drugs as small quantity for the purpose of Sec. 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3). A close scrutiny of Sec. 27 of the Act of 1985 read with small quantity prescribed by the Central Government in its Notification dated 14.11.85 which is published in the Official Gazette (Extra-ordinary) Part-II Sec. 3 (ii) on the same day. 250 milligram Heroine or Drug commonly known as Brown Sugar is punishable with imprisonment for a term, which may extend to one year or with fine or with both.

(4). It is brought to my notice by learned counsel for the applicant that the applicant is detained in custody since. 2.6.94. Thus he has suffered imprisonment more than the period prescribed under Sec. 27 of the Act of 1985.

(5). As a result of the afore-mentioned discussion, I am

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