K.S. Garewal, J. - Hem Raj, petitioner, was arrested by Inspector Gian Singh of C.I.A. Staff Jalandhar on August 14, 2001 when the Inspector alongwith members of police party were present near Railway crossing Sanatam Dharm, Sodal Mandir, and received information that Hem Raj was selling charas behind the mandir, close to the water tank. An independent witness namely Sunil Sodhi was also joined. A raid was conducted leading to the apprehension of the petitioner and recovery of 1.5 kg of charas from his possession. A case under section 20 of the Narcotic Drugs and Psychotropic Substances Act was registered against him and the petitioner has applied for bail.

2. Under Item 23 of the Table defining small and commercial quantities of various Narcotic Drugs and Psychotropic Substances, small quantity of charas is less than 100 gm and commercial quantity is greater than 1 kg.

3. Since there appears to be an apparent dichotomy between the commercial quantities defined for charas and other drugs like opium and heroin this apparent error in the specification of commercial quantity for charas deserves to be noticed.

4. In the case of opium small quantity is 25 gm and commercial quantity