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5. Yet another point urged by the learned counsel for the applicant is that the prosecution is not sure of the substance which was seized from the applicant. Annexure-1 final report indicates that Spasmo Proxyvon was seized from the accused. In the seizure mahasar produced as additional Annexure-1, the contraband is described as "SPM-PRX + WOCKHARDT" capsules and that the detecting officer was convinced that it was " Spasmo Provixon plus" drug. The list of property which was produced before the designated Court, a copy of which is additional Annexure-2 indicates that the sealed packets contained capsules nameed as "SPM-PRX + WOCKHARDT". The applicant has also produced a copy of the statement of the detecting officer recorded under Section 161 Cr.P.C, as additional Annexure-3 which indicates that the substance seized from the accused was "SPM-PRX + WOCKHARDT" " Spasmo Provixon plus" containing Tramadol. The learned counsel would therefore submits that the entire prosecution case is proved to be untrue and unsustainable. Under the circumstances there is any indication that the applicant is not guilty and therefore the embargo under Section 37 (1) (b) (ii) of the NDPS Act would not be attracted in this case. The learned counsel also submits that Spasmo Proxyvon is a drug containing more of paracetamol and lesser quantity of Tramadol. In case the Psychotropic substance Tramadol alone is taken into consideration, it cannot be said that the applicant is in possession of commercial quantity of the substance. A description of the manufacturer on the tablets specifies the exact quantity of Tramadol added as ingredient to each tablet.