JUDGMENT :

TASHI RABSTAN, J.

1. This is an application under section 497 of the Code of Criminal Procedure, filed by applicant seeking grant of bail in case FIR no. 03/2020 under section 8/22 and 29 of NDPS Act registered in Police Station Sumbal, Bandipora. It is also contended in application that Presiding Officer, i.e. Principal Sessions Judge, Bandipora, is on leave, therefore applicant filed the instant application. Applicant seeks bail primarily on the ground that in terms of Notification No. S.O. 1055(E) dated 19 October, 2011, the Central Government has specified the small and commercial quantities for the purposes of NDPS and Entry 28 of the notification specifies 10 grams as small quantity and 01 kilogram as commercial quantity for the Codeine. The quantity alleged to have been recovered from the applicant falls within small quantity and as such rigor of Section 37 of NDPS does not apply. The quantity alleged to have been recovered is miniscule (less than prescribed small quantity), therefore, allegation against the applicant is false and frivolous and lacks material specifications. It is submitted the applicant is entitled to grant of bail. It is, however, pleaded by the p