IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39512 of 2008 MD.CHAND @ ASHGAR QUAISHI Versus STATE OF BIHAR ----------- 2. 16.09.08. Heard learned counsel for the petitioner and the State. This is a case under Section 21 of N.D.P.S. Act. The allegation is that 4 gram and 100 mg. of brown sugar was recovered from the petitioner’s possession. Learned counsel for the petitioner submits that brown sugar is known as heroin. Further submission is that from Entry No. 56 to the table appended to N.D.P.S. Act, it appears that 5 gram of heroin comes within the small quantity. Learned counsel further refers to penal clause under clause (a) of Section 21 of N.D.P.S. Act and points out that punishment for possession of such substance under small quantity entails maximum punishment of six months only. Learned counsel for the petitioner further submits that the petitioner is in custody since 19.5.08, i.e. for a period of four months. Mr. R. B. Rai, learned A.P.P. does not dispute the submissions of the petitioner’s counsel. In the facts and circumstances of the case, the petitioner namely, Md. Chand @ Ashgar Quraishi is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Muzaffarpur, in connection with Town P.S. Case No. 199/2008. m.p. ( Chandra Mohan Prasad, J.)