IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20468 of 2010 RABINDRA RAI Versus STATE OF BIHAR ----------- 3 23.9.2010 KHAN Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 20, 21 and 22 of the N.D.P.S. Act for alleged recovery of 40 grams of smack. Learned counsel for the petitioner submits that the recovery of 40 grams of smack is not commercial quantity as commercial quantity starts from 250 grams and above. He submits that there is non compliance of mandatory provisions of section 50 of the N.D.P.S. Act. The petitioner is in custody since 21.3.2010. Considering the facts and circumstances of the case, the petitioner Rabindra Rai is directed to be released on bail in connection with N.D.P.S.Case No.16 of 2010 arising out of Raxaul P.S. Case No.44 of 2010 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, East Champaran at Motihari. (S.P.Singh,J)