Muttaci Jeyapaul, J.

1. The applicant-appellant Jaffar Iqbal was convicted under Section 21 of the NDPS Act and was sentenced to undergo 10 years rigorous imprisonment. Heard the submissions made on either side.

2. The applicant has undergone 1 year 2 months and 14 days as on today.

3. It is the case of the prosecution that 200 gms. of heroin was recovered from the individual possession of the applicant herein. Of course, the remaining quantity of heroin was recovered from the co-accused.

4. In the background of the alleged recovery of 200 gms. from the applicant individually the learned counsel appearing for the applicant would submit that if the individual recovery is accounted the quantity of heroin recovered from the applicant falls short of commercial quantity.

5. The very same applicant was granted bail during the pendency of trial by the Hon'ble Supreme Court considering that non-commercial quantity was found in possession of the applicant. Further, reference also be made to the decisions of the Hon'ble Supreme Court in Bhagwan Rama Shinde Gosai vs. State of Gujarat, 1999 (2) R.C.R. (Criminal) 770 and Amarsingh Ramjibhai Barot vs. State of Gujarat, 2005 (3) AC 326: 2005 A