Jayashree Tiwari,J. Case called out in the revised list. 2. Heard learned counsel for the accused applicant and the learned A.G.A. 3. The present bail application has been filed for enlarging accused applicant Asvar Ali on bail in Case Crime No. Nil of 2012 under sections 9A, 25A and 43 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), Police Station Custom Vighag, District Bareilly. 4. Learned counsel for the accused applicant contended that the accused applicant is in jail since 28.1.2012. It is admitted that the report of the Chemical Examiner which had been filed by the learned A.G.A. supports the version of the prosecution that 'controlled substances' is alleged to have been recovered from the possession of the applicant. 5. Control substances is defined in section 2 (viid) of the NDPS Act which lays down as under: "2 (viid) Controlled substance means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance." 6. Learned counsel for the respondent submitted that under Section 9A of the NDPS Act, The Central Government has power to control and regulate controlled substances. Section 9A lays down as under: " 9-A. Power to control and regulate controlled substances.- (1) If the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import, inter-State, disposal or acquisition of any controlled substance." Section 25A. of the NDPS Act lays down the punishment for contravention of orders made under section 9A which lays down as under: "25A. of the NDPS Act lays down the punishment for contravention of orders made under section 9A which lays down as under: "25A. Punishment for contravention of orders made under section 9A.- If any person contravenes an order made under section 9A, he shall be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees." Learned counsel further pointed out that section 2 (c) of the NDPS (Regulation of Controlled Substances) Order, 1993 defines that "controlled substances" means any substance declared by the Central Government under clause (viia) of section 2 of the Act. 7. From the perusal of the aforesaid provisions it is clear that the material recovered from the possession of the present accused applicant is a controlled substance from which huge drugs of narcotic and psychotropic substances can be manufactured in huge bulk. As per contention made in the recovery memo, the liquid element was found to be Acitic N Hydride and was 19 litres in quantity. The chemical examination report which has been filed by the learned A.G.A. in his counter affidavit, supports the same and shows that it was a controlled substance which was recovered from the possession of the accused applicant. 8. Learned counsel for the accused applicant has referred to two bail orders of this court which regarding the recovery of 8.5 kg of heroin. This ruling is is not applicable to the case of the present accused applicant from whom there is recovery of controlled substance the possession of which is strictly prohibited. 9. Learned counsel for the respondent has referred to the case of Union of India and other vs.Kuldeep Singh, reported in (2004)2 SCC,590 wherein the Hon'ble Supreme Court has held reduction in sentence to be not justified. The discretion in determination of quantum of punishment is required to be exercised judiciously and judicially. It was further observed that the Court must also keep in view rights of the victim of the crime and society at large. The discretion in determination of quantum of punishment is required to be exercised judiciously and judicially. It was further observed that the Court must also keep in view rights of the victim of the crime and society at large. It has been held by the apex court that the High Court seems to have wholly misdirected itself not only as the seriousness of the offences but also with reference to the relevant consideration which should weigh with the Court in exercising its discretion. In its ordinary meaning, the word "discretion" signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will; the liberty or power of acting without control other than one's own judgment. But when applied to public functionaries, it means a power or right conferred upon them by law, of acting officially in certain circumstances according to the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of others. Discretion is to discern between right and wrong; and therefore, whoever has power to act at discretion, is bound by the rule of reason and law. When it is said that something is to be done within the discretion of the authorities, that some thing is to be done according to the rules of reason and justice, not according to to private opinion; according to law and not humour. It is to be not arbitrary, vague, and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man, competent to the discharge of his office ought to confine himself. When a statute gives a judge a discretion, what is meant is a judicial discretion, regulated according to the known rules of law, and not the mere whim or caprice of the person to whom it is given on the assumption that he is discreet. 10. Where a Judge has exercised his judicial discretion his order is unappealable unless he did so under a mistake of law or fact or in disregard of principle, or after taking to account irrelevant matters. It will help to show this if it can be shown that there were no materials on which he could exercise his discretion in the way he did. It will help to show this if it can be shown that there were no materials on which he could exercise his discretion in the way he did. Nor any one of the reasons attempted to be enumerated by the High Court in this case could in law be viewed as either relevant or reasonable reasons carrying even any resemblance of nexus in adjudging the quantum of punishment in respect of an offence punishable under the Act. The discretion does not appear to have been judiciously and judicially exercised by the High Court in this case. 11. In accordance with the aforesaid principle of law laid down regarding the exercise of judicial discretion, the court is not supposed to rely upon a personal opinion but according to the judicial norms in accordance with settled principles of law. As the article recovered from the possession of the accused applicant is a controlled substance and as has been pointed out by the learned counsel for the respondents that huge bulk of narcotic substances can be manufactured by controlled substance recovered which was 19 litres and was sufficient for creating disastrous effect on the society at large. 12. Considering the entirety of the circumstances at this stage, I do not think to be a fit case for grant of bail to the accused applicant Asvar Ali. 13. The bail application is, therefore, rejected with a direction to the learned trial court to make all endeavours to expedite the hearing of the trial as early as possible. The applicant is also directed to cooperate in expeditious hearing of the trial and shall avoid taking unnecessary adjournments. _______________