Bala Krishna Narayana, J. - (1.) HEARD Sri Daya Shankar Mishra, learned Counsel for the appellant and Sri Narendra Dev Rai, learned A.G.A.
(2.) THE present criminal appeal has been filed against the Judgment and order dated 10.2.2010 passed by learned Additional Sessions Judge, Court No. 2, District Ghaziabad in Sessions Trial No. 63 of 2005 (State v. Kishan Kumar and Ors.) under Section 8/20 of N.D.P.S. Act, convicting and sentencing him to undergo rigorous imprisonment of 15 years and a fine of Rs. 1,50,000/ - and in default in payment of fine to undergo further rigorous imprisonment of 3 years is seeking enlargement of bail during the pendency of the appeal referred by him against the judgment of conviction. It is contended by learned Counsel for the appellant that 1 kg of Charas is alleged to have been recovered from the possession of the appellant which cannot be treated to be commercial quantity and thus the rigours of Section 37(1)(b) of the N.D.P.S. Act are not attracted to the present case.
(3.) IN support of his contention, learned Counsel for the applicant has drawn attention of this Court to Section 2(vii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which defines commercial quantity as quantity greater than the quantity specified by the Central Government by the notification in the official gazette. Admittedly, in the official gazette, 1 kg. has been specified and, therefore, upto 1 kg, narcotic or psychotropic substances i.e., Charas in the present case, cannot be treated as commercial quantity.;