CRM No. M-27104 of 2010 Kuldeep Singh vs State of Punjab Present: Mr. Veneet Sharma, Advocate for the petitioner Mr. V.P.S Sidhu AAG, Punjab, for the respondent. **** Heard counsel for the parties. The petitioner who was apprehended with 8 Kgs of opium seeks regular bail pending trial in a case registered against him under section 18 of the NDPS Act. As per the chemical examiner's report (Annexure P-1) on the basis of analysis, the contents of the parcel that was sent for chemical examination was identified as opium having 2.9% morphine present in it. Therefore, according to the learned counsel for the petitioner the content of contraband of 8 Kg opium comes to only 232 grams of opium. In E. Micheal Raj vs. Intelligence Officer, Narcotic Control Bureau reported as 2008 (2) RCR (Cr.) 597 it was held by the Supreme Court while dealing with a case in which recovery of 4 kg of smack was involved that as per the report of the Analyst, the substance of narcotics was only 60 grams and therefore, was non-commercial quantity. It was held that entire substance cannot be viewed as a narcotic drug and it is the quantity of the content of Narcotic Drug which is relevant for determining whether it would constitute small quantity or commercial quantity. Similary, in Sami Ullaha vs Superintendent, Narcotic Control Bureau' 2009 (1) R.C.R (Criminal) 40 the Supreme Court has held that the actual chemical substance has to be seen and in case the same is of intermediate quality, the rigours of section 37 of the N.D.P.S. Act would not apply. In the said case 2.6 % of the substance was found containing CRM No. M-27104 of 2010 -2- heroine. In State of N.C.T of Delhi vs Ashif Khan @ Kalu' 2009 (2) R.C.R. (Criminal) Page 268 it was held that it is the quantity of the Narcotic Drug or Psychotropic Substance found in the mixture which is relevant and not the actual recovery. As per the report of the Forensic Laboratory, the recovered sample contained 0.95% Morphine. Thus, the weight of Heroine came to be 2.945 grams which was held to be a non-commercial quantity. It was held that percentage of heroine content translated into weight was relevant. In the present case, the quantity of morphine is 2.9 percent of the contraband that has been recovered which would come to 232 grams of opium. The same is a small quantity. The petitioner is in custody since 18.04.2010. There is no other case registered against him for the offence under the NDPS Act. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the trial court shall be admitted to bail. February 9, 2011 (S.S. Saron) Suresh Judge