The applicant has made a request for bail in Crime No. 704 of 2000 under Section 3/21 NDPS Act, PS. Kotwali, District Ghazipur. According to the case of the prosecution search of the applicant was taken and 5 grams of heroine was recovered on 27-7-2000.

2. I have heard Sri G. S. Chaturvedi, learned Senior Advocate for the applicant and the AGA.

3. It is contended by the learned Counsel for the applicant that there is no criminal history of the applicant and it is a first crime. It is further contended that 5 grams heroin is a small quantity for which the punishment provided under clause (a) of Section 27 NDPS Act is the imprison ment for a term which may extend to one year or with fine or with both. That the applicant is in jail since 27-7-2000 and considering the quantity of the heroin recovered the applicant is entitled to bail.

4. Two notifications regarding small quantity were issued by the Government of India which were numbered as SO 825 (E) dated 14- 11-85 and SO 827 (E) dated 14-11-85. Both these notifications were superseded and the following notification No. SO 508 (1c) was issued on 16lh July, 1996:

"noti. No. SO 508 (1c), dated 16th July, 1996.-In exercis