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6. The State's counsel opposes bail and refers to the status report.

REASONING:

7. As per paragraph 8 of the status report, the contraband is 450 gm of heroin.

8. Dealing in 450 gm of heroin in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications:

Heroin/ Chitta/ Smack/ Brown Sugar/ Substance Name Diacetylmorphine Quantity detained 450 Gram Punishable U/s S.21(c) of NDPS Act, 1985 Quantity type Commercial Drug Quantity in % to upper limit of 180.00% Intermediate Drug's Small & Commercial Qty. suggested by Committee report Expert Committee Report dated Notification No. & date 24.03.1995 & 23.08.2001 (Small and Commercial) Specified as small & Commercial in S.2(viia) & 2(xxiiia) NDPS Act, 1985 Notification No. & dated S.O.1055(E) 10/19/2001 Common Name (Name of Narcotic Drug and Psychotropic Heroin Substance (International non-proprietary name (INN) 2 of 7 CRM-M-43378-2025 Other non-proprietary name ****** Chemical Name Diacetylmorphine Small Quantity < 5 Gram Commercial Quantity > 250 Gram Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Act, 1985 S.(xvi)(d) NDPS Act, Notification No. & dated 1985 (61 of 1985), S.O. 11/14/1985 821 (E) Sr. No. 2(xvi)(d) Common Name (Name of Narcotic Drug and Psychotropic ****** Substance (International non-proprietary name (INN) Other non-proprietary name ****** 2(xvi)(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts;

16. In Union of India (NCB) v. Khalil Uddin, decided on 21 Oct 2022, 2022 SCC OnLine SC 2109, Hon'ble Supreme Court holds, [4]. According to the prosecution, contraband material weighing about 13 kgs. of morphine was found in a motor vehicle which was driven by co-accused named Md. Jakir Hussain. During the course of investigation, it was found that the motor vehicle was recorded in the name of Md. Nizam Uddin who had executed a sale letter and handed over the custody of the vehicle to accused Md. Abdul Hai and that accused Md. Jakir Hussain was the driver employed by accused Md. Abdul Hai and that contraband material in question was to be handed over to accused-Khalil Uddin, an owner of a tea shop.

[5]. The High Court by its order which is presently under challenge, directed release of both the accused as stated above on bail after they had undergone custody to the tune of about a year. Questioning grant of relief to said accused, the instant appeals have been preferred.

[7]. What emerges from the record is that large quantity of contraband weighing about 13 kgs of morphine was found in a car which was driven by Md. Jakir Hussain. Whether the role played by said Md. Jakir Hussain could get connected with both the accused is a question.