CRM-M-20589-2011 (O&M) [ 1 ] and other connected cases ::::::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-20589-2011 (O&M) Gurinder Singh ...Petitioner Versus The State of Punjab ...Respondent (2) CRM-M-20803-2011 (O&M) Kashmiri Lal ...Petitioner Versus State of Punjab ...Respondent (3) CRM-M-20407-2011 (O&M) Parveen Kumar ...Petitioner Versus State of Punjab ...Respondent (4) CRM-M-19588-2011 (O&M) Sanjiv Kumar ...Petitioner Versus State of Punjab ...Respondent (5) CRM-M-19686-2011 (O&M) Rajinder Kumar ...Petitioner Versus State of Punjab ...Respondent (6) CRM-M-8122-2011 (O&M) Rajesh Kumar ...Petitioner Versus State of Punjab ...Respondent CRM-M-20589-2011 (O&M) [ 2 ] and other connected cases ::::::::::: (7) CRM-M-16670-2011 (O&M) Baljit Singh @ Sonu ...Petitioner Versus State of Punjab ...Respondent (8) CRM-M-17672-2011 (O&M) Vipan Kumar ...Petitioner Versus State of Punjab ...Respondent (9) CRM-M-18406-2011 (O&M) Ramandeep Singh ...Petitioner Versus State of Punjab ...Respondent (10) CRM-M-19401-2011 (O&M) Jaswinder Singh ...Petitioner Versus State of Punjab ...Respondent (11) CRM-M-12624-2011 (O&M) Mohan Singh ...Petitioner Versus State of Punjab ...Respondent (12) CRM-M-7097-2011 (O&M) Bhushan Kumar alias Bhusha ...Petitioner Versus State of Punjab ...Respondent CRM-M-20589-2011 (O&M) [ 3 ] and other connected cases ::::::::::: (13) CRM-M-12299-2011 (O&M) Rajinder Singh ...Petitioner Versus State of Punjab ...Respondent DATE OF DECISION : AUGUST 29, 2011. :::::::: CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN :::::::: Present: Mr. Gorakh Nath, Advocate, for the petitioner in CRM-M-20589-2011. Mr. S.S.Brar, Advocate, for the petitioner in CRM-M-20803-2011. Mr. Akshay Bhan, Advocate, for the petitioner in CRM-M-20407-2011 & CRM-M-19588-2011. Mr. Arihant Jain, Advocate, for the petitioner in CRM-M-19686-2011. Mr. S.P.S.Sidhu, Advocate, for the petitioner in CRM-M-8122-2011. Mr. A.P.S.Rehan, Advocate, for the petitioner in CRM-M-16670-2011. Mr. T.S.Sangha, Senior Advocate, with Mr. J.S.Jalli, Advocate, for the petitioner in CRM-M-17672-2011. Mr. N.P.S.Mann, Advocate, with Mr. G.S.Sandhu, Advocate, for the petitioner in CRM-M-18406-2011. Mr. Surinder Garg, Advocate, for the petitioner in CRM-M-19401-2011. Mr. Harish Sharma, Advocate, for the petitioner in CRM-M-12624-2011. Mr. S.S.Sidhu, Advocate, for the petitioner in CRM-M-7097-2011. CRM-M-20589-2011 (O&M) [ 4 ] and other connected cases ::::::::::: Mr. Jitender Singh Dadwal, Advocate, for the petitioner in CRM-M-12299-2011. Ms. Niti Wadhawan, Advocate, for Mr. L.M.Gulati, Advocate, for the complainant in CRM-M-12624-2011. Mr. Amandeep Singh Rai, DAG, Punjab, for the State of Punjab in all the cases. :::::::: RAKESH KUMAR JAIN, J. I shall be disposing of 13 regular bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”]. The details of all the 13 cases are as under: - 1 & 2. CRM-M-20589-2011 titled as `Gurinder Singh Vs. the State of Punjab and CRM-M-20803-2011 titled as `Kashmiri Lal Vs. State of Punjab' arising out of FIR No.236 dated 24.12.2010, registered under Sections 22/25/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short “NDPS Act”], Police Station Machhiwara, District Ludhiana. 3. CRM-M-20407-2011 titled as `Parveen Kumar Vs. State of Punjab arising out of FIR No.44 dated 17.05.2011, registered under Sections 22/25/61/85 of the NDPS Act, Police Station City Samana, District Patiala. 4. CRM-M-19588-2011 titled as `Sanjiv Kumar Vs. State of Punjab arising out of FIR No.45 dated 17.05.2011, registered under Sections 22/25/61/85 of the NDPS Act, Police Station City Samana, District Patiala. 5. CRM-M-19686-2011 titled as `Rajinder Kumar Vs. State of Punjab arising out of FIR No.47 dated 30.01.2011, registered under Sections 22/61/85 of the NDPS Act, Police Station City Sangrur, District Sangrur. 6. CRM-M-8122-2011 titled as `Rajesh Kumar Vs. State CRM-M-20589-2011 (O&M) [ 5 ] and other connected cases ::::::::::: of Punjab arising out of FIR No.42 dated 05.10.2010, registered under Sections 22/61/85 of the NDPS Act, Police Station Lakho Ke Behram, District Ferozepur. 7. CRM-M-16670-2011 titled as `Baljit Singh @ Sonu Vs. State of Punjab arising out of FIR No.59 dated 11.03.2011, registered under Sections 21/22 of the NDPS Act, Police Station Bhargo Camp, District Jalandhar. 8 & 9. CRM-M-17672-2011 titled as `Vipan Kumar Vs. State of Punjab and CRM-M-18406-2011 titled as `Ramandeep Singh Vs. State of Punjab' arising out of FIR No.8 dated 12.01.2011, registered under Sections 22/61/85 of the NDPS Act, Police Station Raikot, District Ludhiana. 10. CRM-M-19401-2011 titled as `Jaswinder Singh Vs. State of Punjab' arising out of FIR No.19 dated 03.03.2011, registered under Sections 22/61/85 of the NDPS Act, Police Station Sadar Malout, District Sri Muktsar Sahib. 11. CRM-M-12624-2011 titled as `Mohan Singh Vs. State of Punjab' arising out of FIR No.32 dated 21.02.2011, registered under Sections 22/61/85 of the NDPS Act, Police Station Division No.7, Ludhiana, District Ludhiana. 12. CRM-M-7097-2011 titled as `Bhushan Kumar alias Bhusha Vs. State of Punjab' arising out of FIR No.159 dated 27.11.2010, registered under Sections 22/25/61/85 of the NDPS Act, Police Station Talwandi Sabo, District Bathinda. 13. CRM-M-12299-2011 titled as 'Rajinder Singh Vs. State of Punjab' arising out of FIR No.21 dated 08.02.2011, registered under Sections 21/61/85 of the NDPS Act at Police Station Division No.7 (Vardhman), Ludhiana. CRM-M-20589-2011 (O&M) [ 6 ] and other connected cases ::::::::::: The aforesaid cases are being decided together by this common order because in all the cases the arguments raised by the respective advocates are similar. The facts of each case in brief are being extracted hereasunder: - 1&2. CRM-M-20589-2011 & CRM-M-20803-2011. The allegations contained in the FIR are that a Truck being driven by Gurinder Singh (petitioner in CRM-M-20589-2011) with Cleaner Kashmiri Lal (petitioner in CRM-M-20803-2011) was apprehended and 300 bottles of Recodex (containing 100 MLs each), 250 packets of Momotil (containing 100 tablets each) total 25,000 tablets and 200 packets of Phenotil (containing 100 tablets each) total 20,000 tablets were recovered without any license or permit. The samples were sent for chemical analysis by way of following five parcels: - Parcel No.1 – 100 tablets of white colour in packet labelled as Phenotil. Average weight 70/mg/Tab. Parcel No.2 – 100 tablets of white colour in packet labelled as Momotil. Average weight 66/mg/Tab. Parcel Nos.3, 4 & 5. – Each parcel was containing one small sized plastic bottle labelled as RECODEX and containing 100 ml. of orange coloured liquid material. The report of the Chemical Examiner is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. 1 2 3 4 5 Diphenoxylate hydrochloride 2.4mg/tab 2.3mg/tab - - - Atropine Sulphate 0.023 mg/tab 0.023mg/ tab - - - Chlorpheniramine Maleate - - 3.9mg/5ml 3.8mg/5ml 3.7mg/5ml. Codeine phosphate - - 0.8mg/5ml 0.9mg/5ml 9/9mg/5ml The petitioners, who are stated to be in custody since 24.12.2010, had applied for bail before the learned Special Judge, CRM-M-20589-2011 (O&M) [ 7 ] and other connected cases ::::::::::: Ludhiana which was declined by him on 06.06.2011 on the ground that they have failed to produce any license or permit and recovery is of commercial quantity of contraband. 3. CRM-M-20407-2011 The allegations contained in the FIR are that the petitioner was found standing on a Bajaj Chetak scooter near village Sangatpura and a plastic bag was lying at his feet on the scooter. He tried to run away but was overpowered and around 100 small plastic bags and `7,000/- were recovered. The plastic bag was containing white coloured powder which was found to be 7 Kgs. 980 gms. The sample was sent for chemical analysis and it was found to have contained 64.67% Paracetamol-n and 3.945% Dextropropoxyphene-Hcl. The petitioner, who is stated to be in custody since 17.05.2011, had applied for bail before the learned Court below where it was argued that the percentage of the recovered contraband is to be seen which falls under the non-commercial quantity. However, it was argued on behalf of the State that the recovered contraband Dextropropoxyphene-HCL is a psychotropic substance listed at Sr. No.33 and in view of notification dated 18.11.2009, the entire quantity of the recovered contraband has to be seen and as such it falls within the commercial quantity, therefore, Section 37 of the NDPS Act is applicable. The learned Court below dismissed the bail application of the petitioner vide its order dated 11.06.2011. 4. CRM-M-19588-2011 The allegations contained in the FIR are that the petitioner was seen coming from Samana side holding a bag in his right hand. On seeing the police party, he tried to run away but was apprehended at the spot. A white coloured narcotic powder was found in his bag which was found to be 2 Kg. The sample was sent for chemical analysis and it was found to have contained 62.46% Paracetamol-n and 3.383% Dextropropoxyphene-Hcl. The petitioner, who is stated to be in custody since 17.05.2011, CRM-M-20589-2011 (O&M) [ 8 ] and other connected cases ::::::::::: had applied for bail before the learned Court below on the ground that the drug containing Paracetamol-n and Dextropropoxyphene-Hcl is less than the commercial quantity, whereas the learned State Counsel relied upon the notification dated 18.11.2009 to contend that the entire powder is to be considered weighing 2 Kg. which is more than the commercial quantity. The learned Court below dismissed bail application of the petitioner vide its order dated 11.06.2011 while relying upon the notification dated 18.11.2009. 5. CRM-M-19686-2011 The allegations contained in the FIR are that the petitioner was seen coming out of the Sunami Gate on motorcycle bearing registration No.PB-13-TY-2323 Mark Platina Bajaj at about 12.20 p.m. On seeing the police party, he tried to run away but fell down on the pucca road and also suffered injury. On search, he was found carrying white coloured powder which was found to be 500 grams. The sample was sent for chemical analysis and it was found containing Alprazolam to the extent of 24.68%. The petitioner was arrested on 30.01.2011 and was granted interim bail on 01.04.2011. Thereafter, he was re-arrested on 07.06.2011. He had applied for bail before the Court below on the ground that the extent of Alprazolam found in the white coloured powder is 24.68% which comes to 123.40 gms. of the total quantity which is a non-commercial quantity. However, the learned Court below while relying upon the notification dated 18.11.2009 and a Division Bench judgment of this Court in the case of Gurmail Singh alias Gela Vs. The State of Punjab, in Criminal Appeal No.512-DB of 2006 decided on 25.09.2009, dismissed the bail application of the petitioner vide its order dated 07.06.2011. 6. CRM-M-8122-2011 The allegations contained in the FIR are that the petitioner was seen coming from Ferozepur side in a Maruti car bearing registration No.CH-01F-6161 and on seeing the police party, he tried to turn the car CRM-M-20589-2011 (O&M) [ 9 ] and other connected cases ::::::::::: towards village Alfu Ke but on suspicion, the police party stopped the car. On search, 200 packets of Phenotil tablets (containing 100 tablets each) total 20,000 tablets, 100 packets of Microlit tablets (containing 100 tablets each) total 10,000 tablets, 42 strips of Alparkit tablets (containing 10 tablets each) total 420 tablets and 40 strips of Parvon Spas capsules (containing 10 capsules each) total 400 capsules were recovered. The samples were sent for chemical analysis in the following four parcels: - Parcel No.1 – 100 tablets of white colour in packet labelled as Phenotil. Average weight 68mg/Tab. Parcel No.2 – 100 tablets of white colour in packet labelled as Microlit. Average weight 76mg/Tab. Parcel No.3 – 10 tablets of peach colour in strip labelled as Alprazolam – 0.5. Average weight 154mg/Tab. Parcel No.4 – 10 capsules of maroon colour in strip labelled as Parvon Spas. Average weight 635mg/cap. The report of the Chemical Analyst is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. (i) (ii) (iii) (iv) Diphenoxylate hydrochloride 2.4mg/tab 2.3mg/tab - - Atropine Sulphate 0.024 mg/tab 0.024mg/tab - - Alprazolam - - 0.48mg/tab - Dextropropoxyphe ne hydrochloride - - - 64.8mg/capsule The petitioner, who is stated to be in custody since 05.10.2010, applied for bail before the learned Court below and had argued that contents of Diphenoxylate Hydrochloride, Atropine Sulphate and Alprazolam recovered from the petitioner falls within the non-commercial quantity, but the learned Court below dismissed the bail application of the petitioner vide its order dated 03.03.2011 on the ground that the entire weight is to be seen and in view of Section 37 of the NDPS Act, the bail was declined. CRM-M-20589-2011 (O&M) [ 10 ] and other connected cases ::::::::::: 7. CRM-M-16670-2011 The allegations contained in the FIR are that when the police party was in Gali before Nakodar Road, the petitioner was seen coming from Nakodar Road holding a heavy black coloured polythene bag. On seeing the police party, he became nervous and started walking on the side of the road but he was apprehended at the spot. On search, 50 packets of Momolit tablets (each containing 100 tablets) total 5000 tablets and 30 packets of Buprenorphine injections (each containing 10 injections) total 300 injections (2 ml each) were recovered. The samples were sent for chemical analysis in which Assay of Diphenoxylate was found to the extent of 2.39mg/tab and Assay of Buprenorphine was found to the extent of 0.287mg/ml. The petitioner, who is stated to be in custody since 11.03.2011, had applied for bail before the learned Court below which was dismissed on 03.05.2011 on the ground that as per notification dated 18.11.2009, it is not the extent of drug only but the entire contraband has to be seen which has been found to be more than the commercial quantity. 8 & 9. CRM-M-17672-2011 & CRM-M-18406-2011 The allegations contained in the FIR are that the police had apprehended both the petitioners who were travelling on a motorcycle make Bajaj Platinum bearing registration No.PB-10CW-(T)-6280 which was driven by Ramandeep Singh and Vipan Kumar was the pillion rider. They were apprehended at the spot and on search, 880 staples of Frolic tablets (each containing 100 tablets) total 88,000 tablets, 300 staples of Nitramas tablets (each containing 10 tablets) total 3000 tablets, 120 staples of Anxinil tablets (each containing 10 tablets) total 1200 tablets and 90 staples of Spasmo Proxyvon capsules (each containing 8 capsules) total 720 capsules were recovered. The samples were sent for chemical analysis in the following parcels: - Parcel No.1 – 100 tablets of white colour in packet labelled as Phenotil. Average weight 98mg/Tab. Parcel No.2 – 10 tablets of white colour in strip labelled as NITRAMAS-10. Average weight 710/tab. CRM-M-20589-2011 (O&M) [ 11 ] and other connected cases ::::::::::: Parcel No.3 – 8 capsules of blue colour in strip labelled as SPASMO-PROXYVON. Average weight 645mg/Tab. Parcel No.4 – 10 tablets of peach colour in strip labelled as ANXINIL-0.5. Average weight 12mg/tablet. The report of the Chemical Analyst is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. (i) (ii) (iii) (iv) Diphenoxylate hydrochloride 2.4mg/tab - Narcotic - Atropine sulphate 0.023 mg/tab - - - Nitrazepam - 9.8mg/tab 9.8mg/tab Psychotropic Dextropropoxyphene Napsylate - - 99.8mg/cap - Dicyclomine hydrochloride - - 9.8mg/cap - Paracetamol - - 399.9mg/cap - Alprazolam - - - 0.48mg/tab Both the petitioners, who are stated to be in custody since 12.01.2011, had applied for bail before the Court below which were taken up together and total weight of the recovered material was taken into consideration in terms of the notification dated 18.11.2009 which was held to be a commercial quantity. The bail applications were dismissed on 24.05.2011 in view of Section 37 of the NDPS Act. 10. CRM-M-19401-2011 The allegations contained in the FIR are that the petitioner was coming on foot from the footpath of Semnala holding one plastic bag in his right hand and on seeing the police party, returned back in a frightened condition. On suspicion, he was overpowered and on search, 500 gms. intoxicant powder and 84 Oxytocin injections were recovered. The samples were sent for chemical examination in the following parcels: - Parcel No.1 – 10 grams of brown coloured powder material mixed with yellow, blue and white coloured CRM-M-20589-2011 (O&M) [ 12 ] and other connected cases ::::::::::: flakes. Parcel No.2 – One glass injection ampoule labelled as Oxytocin and containing one ml. of colourless liquid material. The report of the Chemical Analyst is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. (i) (ii) Alprazolam 0.27%- - Oxyticin - 5.01 U./ml. The petitioner, who is stated to be in custody since 03.03.2011, had applied for bail before the learned Court below which was dismissed on 06.06.2011. 11. CRM-M-12624-2011 The allegations contained in the FIR are that the petitioner was caught on a secret information that he is selling drugs without license. Recovery of 3600 tablets of Microlit, 1000 tablets of Momolit, 100 tablets of Phenotil, 500 tablets of Lomotil, 161 tablets of N-10, 4 bottles of Corex, 4 bottles of Rexcof, 82 capsules of proxyona, 80 capsules of Parvonspas, 52 capsules of Spasmo Proxy and 61 capsules of Hnotak were recovered. Though the petitioner had produced evidence that he is a Chemist but he could not produce any bill of the recovered drugs. The samples were sent for chemical examination in the following parcels: - a) 20 loose tablets of white colour. Average wt. 75mg/tablet. b) 10 loose tablets of white colour. Average wt. 61mg/tablet. c) 10 loose tablets of white colour. Average wt. 70 mg/tablet. d) 10 loose tablets of white colour. Average wt. 62 mg/tablet. e) 10 tablets of white colour in a strip labelled as N-10. CRM-M-20589-2011 (O&M) [ 13 ] and other connected cases ::::::::::: Average wt. 634mg/tablet. f) One plastic bottle labelled as Corex containing 100 ml. of liquid. g) One plastic bottle labelled as Rexcof containing 100 ml. of liquid. h) 10 capsules of Red-grey colour in strip labelled as Proxyvon. Average wt. 652Mg/capsule. i) 10 capsules of maroon colour in a strip labelled as Parvon Spas. Average wt. 630/mg./capsule. j) 10 capsules of blue colour in strip labelled as Spasmo Proxyvon. Average wt. 655/mg/capsule. k) 10 capsules of Red-black colour in a strip labelled as Hyn- Oteck-10. Average wt. 228mg/capsule. The report of the Chemical Anylist is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. TABLE - I a b c d e Diphenoxylate hydrochloride 2.4mg/tab 2.3mg/tab 2.3mg/tab 2.4mg/tab - Atropine Sulphate 0.020mg/tab 0.019mg/ tab 0.019mg/ tab 0.020mg/ tab - Nitrezepam - - - - 9.6mg/ capsule Ingredients present Average Quantity of Ingredient in the parcel No. TABLE-2 f g h i j k Codeine Phosphate 9.9mg/5ml 9.8mg/5ml - - - CRM-M-20589-2011 (O&M) [ 14 ] and other connected cases ::::::::::: f g h i j k Chlorpheniramine Maleate 3.9mg/5ml 3.8mg/5ml - - - Dextropropoxyphene Napsylate - - 99.2mg/ cap - 99.2mg/ cap Dextropropoxyphene hydrochloride - - - 64.7mg/cap - Acetaminophen Paracetamol - - 399.2mg/ cap 398.5mg/ cap 399.2mg /cap Dicyclomine hydrochloride - - - 9.8mg/cap 9.9mg/ cap Nitrazepam 9.8mg/ cap. The petitioner, who is stated to be in custody since 21.02.2011, had applied for bail before the learned Court below which was dismissed on 15.04.2011 on the ground that he could not produce the bill of the recovered drugs. 12. CRM-M-7097-2011 The allegations contained in the FIR are that the petitioner was seen coming from the side of village Singhpura carrying one polythene bag in his right hand. On seeing the police party, he tried to run away but on suspicion he was apprehended at the spot. On search, 300 bottles of Lomotil tablets (each containing 100 tablets) total 30000 tablets were recovered. The sample was sent for chemical analysis in which Diphenoxylate Hydrochloride was found to the extent of 2.4mg/tablet and Atropine Sulphate was found to the extent of 0.024mg/tablet. The petitioner, who is stated to be in custody since 27.11.2010, had applied for bail before the learned Court below which was dismissed on 14.02.2011 on the ground that the petitioner was found in possession of the contraband of the commercial quantity. 13. CRM-M-12299-2011 The allegations contained in the FIR are that secret information was given that Rajinder Singh (petitioner) along with other co-accused Paramjit Singh, Jagjit Singh and Harsimran Singh were selling intoxicant without any license under the cover of medical store. Thereafter, a raid CRM-M-20589-2011 (O&M) [ 15 ] and other connected cases ::::::::::: was conducted at the S.P. Medical Store and the petitioner was apprehended with a bag from which 70 injections of AVL, 36 injections of Curapose, 84 injections of Naorbasic, 320 capsules of Proxyvon Spasmos were recovered. The samples were taken and sent for chemical analysis by way of following two parcels: - Parcel No.1(a) 10 tablets of white colour in a strip labelled as Nitramas-10. Average wt. 685mg/tablet. (b) 10 capsules of maroon colour in a strip labelled as Parvon Spas. Average wt. 633mg/capsule. Parcel No.2 (a) One glass injection ampoule labelled as Norgesic, containing 2ml. of liquid. (b) One glass injection vial labelled as AVL containing 10 ml. of liquid. (c) 8 capsules of blue colour in a strip labelled as Spasmo Proxyvon. Average wt. 635Mg/capsule. (d) One glass injection vial labelled as Curapose containing 10 ml. Of liquid. The report of the Chemical Anylist is as under: - Ingredients present Average Quantity of Ingredient in the parcel No. 1 2 a b a b c d Nitrazepam 9.8mg/tab - - - - - Dextropropoxyphene hydrochloride - 64.5mg/ cap - - - - Dextropropoxyphene Napsylate - - - - 99.2mg/ cap- - Paracetamol - 398.5mg/ cap - - 399.2mg /cap - Acetaminophene Dicyclomine hydrochloride - 9.8mg/cap - - 9.9mg/ cap - CRM-M-20589-2011 (O&M) [ 16 ] and other connected cases ::::::::::: 1 2 Buprenorphine hydrochloride - - 0.29mg/ ml - - - Pheniramine Maleate - - - 22.5mg/ml. - - Diazepam - - - - - 4.8mg/ ml. A common stand of the petitioner(s) in all the aforesaid petitions is that in the notification No.S.O.826(E) dated 14.11.1985, Codeine is at entry No.35, Diphenoxylate is at entry No.58 and Dextropropoxyphene is at entry No.87 in which exemption has been provided up to 2.5% in Codeine, 2.5mg in Diphenoxylate and 135mg in Dextropropoxyphene. It is submitted that in all the cases, pure content of the narcotic is less than the permissible limit but the learned Courts below have dismissed the bail applications on the basis of a notification No.S.O.2941(E) dated 18.11.2009 by which notification No.S.O.1055(E) dated 19.10.2001 has been amended and the entire weight of the drugs recovered is taken into consideration instead of pure drug content. It is further submitted that as per the table prepared in terms of Sections 2(vii-a) and 2(xxiii-a) of the Act, 10 grams of Codeine is small quantity and 1 Kg. is commercial quantity (entry no.28), 2 grams of Diphenoxylate is small quantity and 50 grams is the commercial quantity (entry no.44), 20 grams of Dextropropoxyphene, Nitrazepam and Diazepam is small quantity and 500 grams is the commercial quantity (entry nos.33, 194 & 221 respectively), 1 gram of Buprenorphine is small quantity and 20 grams is the commercial quantity (entry no.169) and 5 grams of Alprazolam is small quantity and 100 grams is the commercial quantity (entry no.178). It is further submitted that the punishment in relation to the contravention of manufactured drugs, preparations and psychotropic substances under Sections 21 and 22 of the Act in case of small quantity is 6 months R.I. with `10,000/- fine or both, in the case of non- commercial quantity, i.e. lesser than the commercial quantity but greater than the small quantity, it is R.I. for 10 years and fine up to `1,00,000/- or both and in the case of commercial quantity, it should not be less than 10 years R.I. which may extend up to 20 years and the fine shall not be less than `1,00,000/- which could go upto `2,00,000/-. The Court has CRM-M-20589-2011 (O&M) [ 17 ] and other connected cases ::::::::::: also got the power to enhance the amount of fine beyond `2,00,000/- for the reasons to be recorded. On the other hand, the argument raised by the learned State Counsel is that after the amendment dated 18.11.2009 by the Ministry of Finance (Department of Revenue), the entire mixture is to be seen and not just the pure drug content. Learned counsel for the petitioner(s) have relied upon following decision of this Court: - 1. Criminal Revision No.848 of 2004 titled as `Bal Kishan alias Diwan Chand Vs. State of Punjab' decided on 30.05.2011. 2. Criminal Revision No.274