- (1.) B. K. Rathi, J. 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. 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. 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 Both these notifications were superseded and the following notification No. SO 508 (1c) was issued on 16lh July, 1996: "noti.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 exercise of the power conferred by Explanation (1) to Section 27 of the Narcotic Drugs and Psychotropic Substances Act, i985 (61 of 1985) and in superscsion of the notifica tion of the Government of India, the Ministry of Finance Department of Revenue Nos. SO 825 (E) dated 14th November, 1985 and S. O. 827 (E) dated the 14th November, 1985 except as respects things done or omitted to be done before such supersession the Central Govern ment hereby specifies the quantity mentioned in the column (3) of the Table below in relation to the narcotic drugs and psychotropic substances mentioned in the corresponding entry in Column (2) of the said Table as 'small quantity' for the purposes of clause (a) of that section. "
(3.) IT is contended that according to this notification the quantity of heroin upto 5 grams is a small quantity. As against this the AGA has referred to the notifica tion No. SO 527 (E) dated 16-7-96. This notification and the above notification are of the same date. This notification is under clause (b) of Section 27 NDPS Act whereas the notification referred to by Sri Chaturvedi is under clause (a) of Section 27 of NDPS Act. The perusal of Section 27 NDPS Act shows that clause (a) of the said sec tion deals with the cocaine, morphine, diacetylmorphine or any other narcotic drugs or any psychotropic substance as may be specified in this behalf by the Central Government. Clause (b) would apply to narcotic drugs or psychotropic substance other than those specified in or under clause (a ). Cocaine, morphine, diacetylmorphine, which is heroin are in cluded under clause (a), regarding which the notification is referred to above. Ac cording to this notification 5 gams of heroin is a 'small quantity'.;