Hon’ble Rajesh Chandra, J.—Learned counsel for the applicant and Union of India present.

2. In brief the facts are that on 5.10.2008 Mr. N.S. Bisht Deputy Information Officer of N.C.B. Lucknow on a tip off stopped a motor-cycle. The driver of the motor-cycle tried to escape but he was detained. He disclosed his name as Shakil Ahmad. Thereafter, an option was given to him that his search may be taken in the presence of a Magistrate or a Gazetted Officer and that it is his right. The accused however did not avail the option. Thereafter, a search of the motor-cycle was made in the presence of two public witnesses namely, Sanjay and Shamsher. A bag was recovered from the motor-cycle in which 500 gram of heroin was recovered.

3. Sample of the recovered contraband article was analysed at “Central Revenue Control Laboratory, Government of India” in which it was found that the percentage of Heroin is only 7%.

4. The learned counsel for the applicant argued that in the sample only 7% of Heroin was found hence the total weight of Heroin in the recovered contraband comes to 35 gram which is much below the commercial quantity. He has relied upon the judgment of Apex Court in E. Micheal Ra