IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23451 of 2009 OMKAR DUTT PANDEY Versus STATE OF BIHAR ----------- 2. 19.8.2009 This petition was passed over on account of being approached with the prayer by a counsel. Sri P.K.Rai appears when petition at sl.no.290’s was called out to point out that his case, i.e., the present petition listed at sl.no.289, has not been called out. Sri Rai holds the power. The court has been duped in passing the petition over. I have heard Sri P.K.Rai, learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner was reported transporting charas by his Rajdoot motorcycle. The vehicle was searched and 70 grams of charas was recovered from under the seat of the vehicle. By drawing the attention of the court to the notification regarding the small and commercial quantities of different Narcotics Drugs or Substances, it has been submitted that 100 grams of charas is notified to be a small quantity and as such, the provisions of Section 21(a) of the Act shall apply. The petitioner is in custody since 1.2.2009 as appears from paragraph-3 of the rejection order. Considering the contention and the provision of law, let the above named petitioner be released from custody on furnishing bond of Rs.20,000/-(twenty thousand)with two - 2 - sureties of the like amount each to the satisfaction of District & Sessions Judge, Ara in N.D.P.S.01 of 2009(Charpokhari P.S.Case No.10 of 2009). B.Kr. ( Dharnidhar Jha, J. )