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3. It is averred in the complaint that the complainant received an information on 01.04.2021 at about 10.00 a.m. to the effect that a person standing in front of Yamuna Block of National Games Village, Koramangala, was trying to sell LSD (Lysergic Acid Diethylamide) substance to the public and immediately thereafter the respondent - Police rushed to the said spot and apprehended the petitioner and from his person, they seized 46 strips of LSD totally weighing 0.89 grams. Thereafterwards mahazar was drawn and the petitioner was arrested and produced before the Koramangala Police Station along with the seized substance and subsequently he was produced before the jurisdictional Magistrate on 02.04.2021, who in turn remanded him to judicial custody. Thereafterwards periodically the learned Magistrate kept on remanding the petitioner to the judicial custody and on 07.06.2021, an application was filed on behalf of the petitioner under Section 167(2) of the Code of Criminal Procedure, 1973 (for short "the Code"), seeking statutory bail on the ground that the Police have failed to complete the investigation within the time prescribed and file the charge sheet. The learned Magistrate on receipt of such an application has passed the order impugned on 8.6.2021 directing the office to submit the entire papers to the Special Court as provided under Section 36A of the Act of 1985 and also directing the Investigating Officer to produce the petitioner/accused immediately before the Special Court and dismissed the application under Section 167(2) of the Code as not maintainable. Being aggrieved by the same, the petitioner is before this court.

6. I have carefully considered the arguments addressed on both sides and also perused the material available on record.

7. The undisputed facts of the case are:

The petitioner was arrested on 01.04.2021 and 46 strips of LSD was seized from his person under a mahazar and the said seized substance totally weighed 0.89 grams. Petitioner was produced before the jurisdictional Magistrate on 02.04.2021 and on the same day, he was remanded to custody. The learned Magistrate thereafterwards continued to extend his remand periodically and on 7.6.2021, an application was filed on behalf of the petitioner under Section 167(2) of the Code claiming statutory bail.

14. For the purpose of deciding the second point raised for consideration, it is necessary to take into consideration the quantity of substance seized from the person of the petitioner because the offence committed by him and the time for completion of the investigation and filing the charge sheet would depend upon the same. In the present case, the Investigating Officer has submitted a requisition to the learned Magistrate to certify the correctness of the inventory of the seized items and in exercise of the powers under Section 52A(2) of the Act of 1985, the said requisition has been allowed. A reading of the inventory order, which is available on record, would go to show that as per the PF submitted by the Koramangala Police in PF No.39/2021, 46 paper strips (different coloured LSD paper) weighing totally 0.89 grams have been seized from the person of the petitioner.

15. As per the Table annexed to the Act of 1985, a quantity exceeding 0.1 gram of LSD material is considered as commercial quantity, while a quantity upto 0.002 grams is considered to be a small quantity. The quantity of LSD seized in the present case is more than small quantity and less than commercial quantity and therefore it is required to be considered as inter-mediate quantity. If the quantity is considered to be inter- mediate, the offence that gets attracted against the petitioner would be one under Section 22(b) of the Act of 1985 and the maximum punishment for the said offence would be upto 10 years imprisonment.