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3. As per the prosecution case, total 216 tablets of contraband drug Spasmo-Proxyvon Plus were recovered from the petitioner.

4. Learned counsel for the petitioner has submitted Patna High Court CR. MISC. No.5374 of 2025(2) dt.28-02-2025 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the said medicine Spasmo Proxyvon T Plus contains the following composition i.e., Dicyclomine (10 mg) + Paracetamol (325 mg) + Tramadol (50 mg), even though Tramadol falls under the purview of NDPS Act (S.No. 238 2H of NDPS Act) of which small quantity is 5 gm and commercial quantity is 250 gm and the total recovered qunatity of the said medicine in the present case contains 83.16 gm of the said composition which is less than the commercial qunatity. Learned counsel for the petitioner has also placed reliance on the judgment in the case of Hira Singh and Anr. Vs. Union of India and Anr, (2020)20 Supreme Court Cases 272 of Hon'ble Apex Court has held that "weight of entire materials/mixture along with neutral material is to be considered for ascertainment of whether the quantity is "small quantity" or "commercial quantity". The name of the petitioner has transpired in this case merely on suspicion. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 19.01.2023.