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BAIL APPL. NO. 4431 OF 2021 3

3. The learned counsel now argues that the contraband which was seized is a mixture of drugs including paracetamol and therefore the exact quantity of the narcotic drug tramadol is to be identified before he is convicted and so it is not a commercial quantity. The earlier decision of the Apex Court in E Micheal Raj v. Intelligence officer, Narcotic Control Bureau [2008 (2) KHC 323] was overruled by a later decision of the Apex Court in Heera Singh and another v. Union of India and another [2020 (2) KHC 551], wherein it has been established that the total quantity of the mixture will have to be considered to arrive at a conclusion that whether the quantity involved is commercial or not. In view of this fact, the embargo under Section 37(1) (b) (ii) of the NDPS Act is applicable. There are no grounds to hold that the applicant is not guilty.