Shri Sikdar, learned counsel for the applicant submits that the applicant was arrested on 01.03.2021 and is in custody since then. He further submits that in the meantime, the investigation is over and the charge sheet has been submitted. As regards the recovery, it is the submission of the learned counsel for the applicant that so far as the NDPS-heroin is concerned, the recovery is 2 gm which would fall under Section 22(a) and which is a small quantity. As regards the other narcotic substance, namely, Rankuf Cough Syrup is concerned, there were 13 bottles. Though the case has been registered under Section 22 (c) of the Narcotic Drugs and Psychotropic Act (Act) by deeming the quantity to be a commercial one, Shri Sikdar, learned counsel has submitted that such assumption is not correct and in this connection, he has referred to an order passed by this Court in BA/2215/2021 (Sajahan Ali Vs. The State of Assam) in which case, 17 numbers of cough syrup (contraband) were seized and only two bottles containing 100 ml each were sent for FSL. The Court after perusal of the records had come to a finding that there was no specific mention that the remaining bottles had contained equal amount of 100 ml so as to make it 1 kg and above. By drawing the same analogy, Shri Sikdar, learned counsel for the applicant has contended that in the present case, the numbers of bottles are 13 which are less and the records would show that only one bottle was sent for FSL and therefore, the same benefit should be given to the applicant.
