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1. All these applications are filed by the Union of India seeking cancellation of bail granted to accused nos.1 to 6 by the learned Special Judge by different orders.

2. According to the prosecution on the basis of specific information received, the officers of the Narcotics Central Bureau, Mumbai Zonal Unit, Mumbai intercepted accused no.1 - Jagdish Singh, accused no.2 - Harvinder Singh and accused no.3 - Harjinder Ram near the Oberoi Mall, Goregaon (East), Mumbai when they arrived there in Toyota Innova car bearing registration No.PB-10- CJ-2414. They delivered the contraband to taxi driver - Veer Bahadur Singh, who is accused no.4 The taxi driver had come by taxi No.MH-01-X-5483 for taking delivery of the contraband. On interception 25 kgs. of Methamphetamine was recovered. After completing the formalities it was seized, samples were taken.

Initially, the crime was registered bearing No.NCB/BZU/CR/09/2009.

The samples were sent to forensic laboratory and after getting the report it was confirmed that the samples were Methamphetamine.

The complaint was filed in the court of Special Judge, Mumbai on 4th December, 2009 and it came to be registered as NDPS Special Case No.152 of 2009.

3. First of all, accused no.1 - Jagdish Singh filed bail application No.237 of 2009 which was rejected by learned Special Judge as per the order dated 16th November, 2009. Thereafter, he filed another application for bail relying on certain authorities of this court as well as from different High courts and Supreme Court. His main contention was that even though Methampethamine is shown as psychotropic substance in schedule to the NDPS Act, it was not shown in schedule I to the NDPS Rules and, therefore, possession or transportation of Methampethamine could not be an offence. After hearing the parties the learned Special Judge granted bail to him by the order dated 3.3.2010. That order is sought to be set aside and cancelled by the Union of India. It may be noted that initially this court had granted stay to implementation of the bail order. That order was challenged before the Supreme Court and the Supreme Court allowed the appeal and set aside the order of stay passed by this court while the application for cancellation of bail continues to be pending before this court. After accused no.1 - Jagdish Singh was granted bail, accused nos.2 to 6 also filed different applications for bail before the learned Special Judge who by orders dated 12.10.2010 granted bail to each of them. The Union of India has challenged those orders and seeks cancellation of bail.

Section 22 provides punishment for contravention in relation to psychotropic substances. It is also pointed out that as per the table notified by the Government of India as per sub-clause (viia) and (xxiiia) of Section 2 of the NDPS Act, small quantity of Methamphetamine, also known as Metamfetamine, is 2 grams while commercial quantify is 50 grams. In this case, 25 kg. Of Methamphetamine in powder form was recovered. It is contended that in view of the large quantity of psychotropic substance under Section 22(c), the offence is punishable with imprisonment for not less than 10 years and which may also extend to 20 years with fine.

Methamphetamine is shown at entry no.19 in the Schedule of the psychotropic substances and therefore, there can be no dispute that Methamphetamine is the psychotropic substance as defined in Section 2(xxiii). Section 2(viia) provides that commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette and similarly, clause (xxiiia) provides that small quantity, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette. The Central Government has issued a Notification under sub-clause (viiia) and (xxiiia) of section 2 and Methamphetamine, also known Metamfetamine, is at Entry no.159 of the said table and as per column 6, the commercial quantity means the quantity more than 50 grams. In the present case, 7 kg. of Methamphetamine was allegedly seized from flat no.601 and thus, undoubtedly, it is huge commercial quantity.