IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6982 of 2008 DASRATH SETH Versus THE STATE OF BIHAR ----------- 2. 15.10.2008 The case is under Sections 17, 21, 22, 25 and 27 of the NDPS Act. This is the third attempt of the petitioner for bail, his prayer having been rejected earlier twice by this Court vide orders dated 24.1.2007 and 17.5.2007 under respective Cr. Misc. Nos. 14287 of 2006 and 23120 of 2007 on the ground that heroin contained in three packets total weighing 155 grams was recovered from the house of the petitioner. The learned counsel for the petitioner submits that in this case charges then framed on 8.6.2007 under Section 21 and 8 of the NDPS Act. Further submission is that vide item 56 as appended to the table under NDPS Act 5 gram of heroin is described as small quantity and 250 grams has been described as commercial quantity. The learned counsel continues to submit that recovered quantity is below commercial quantity for which punishment is up to ten years for R.I. and that Section 37 does not apply which bars grant of bail in case of commercial quantity. The learned counsel for the petitioner also submits that the petitioner is in custody since 29.10.2005. Mr. S. R. Haque, the learned A.P.P. oppose the prayer for bail and he submits that the recovered quantity is no doubt below commercial quantity but it far above of small quantity which have been described as 5 gram in the table. It is also submitted that charges have been framed in this case and trial is in progress. - 2 - In the facts and circumstances of the case, I do not feel inclined to reconsider the prayer for bail. Accordingly, it is rejected. (C.M. Prasad, J.) Ravi/-