The court's decision emphasized the interpretation of commercial quantity for charas under the Narcotic Drugs and Psychotropic Substances Act, highlighting the discrepancy in multiples used for determining commercial quantities of different narcotics.

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 is 2.5 kg. This shows that commercial quantity is 100 times the small quantity. If we examine the similar quantities for heroin, small quantity is 5 gm and commercial quantity is 250 gm - a multiple of 50. In the case of poppy straw small quantity is 1000 gm and commercial quantity is 50 kg - again multiple of 50. It would be seen from the above that in case of opium, heroin and poppy straw the commercial quantity is 50 to 100 times the small quantity but in the case of charas the commercial quantity is only 10 times the small quantity. It is well known that in potency and harmful effect heroin is the strongest of the four above mentioned drugs. Opium is the next in potency while poppy straw is considered least potent. It is for this reason that the small quantities mentioned for heroin, opium and poppy straw are 5 gm, 25 gm and 1000 gm. Similarly the commercial quantities of these drugs are respectively 250 gm, 2.5 kg and 50 kg. In the case of charas small quantity is 100 gm which is much more than the quantity specified for heroin and opium but its commercial quantity is less than that prescribed for opium. Commercial quantity for charas being only 1 kg while for opium it is 2.5 kg. The multiple used in the case of charas is neither 50 nor 100 but merely 10. In the case of coca leaf (entry 26) small quantity is also 100 gm and commercial quantity is mentioned as 2 kg - multiple of 20. This further seems to strengthen the view that the commercial quantity laid down for charas is proportionately much lower than for other common narcotics like heroin, opium and poppy straw.

5. As long as the Table annexed with the Narcotic Drugs and Psychotropic Substances Act is not amended suitably the commercial quantity for charas shall have to be 1 kg even though small quantity would remain 100 gm.

6. Recovery of 1.5 kg of charas may be commercial quantity but is not such a huge quantity which should deny the petitioner bail.

7. Application is accepted. Petitioner is admitted to bail to the satisfaction of the Chief Judicial Magistrate, Jalandhar.

Application allowed.