JUDGMENT Mr. Surinder Gupta, J. (Oral):- Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure seeking regular bail in the case FIR No. 64 dated 06.04.2013, under Section 22 of the NDPS Act registered at Police Station Lehra. 2. Heard learned counsel for the parties. 3. It has been submitted by the learned counsel for the petitioner that as per prosecution 1000 ml of intoxicating liquid, which was later on found on the report of chemical examiner, as codeine phosphate, was recovered from the possession of the petitioner on 06.04.2013. The learned lower Court has wrongly dismissed the bail application of the petitioner with observation that it was a commercial quantity. 4. The learned State counsel states that the quantity recovered was 1000 ml and it was equal to 1 kg. 5. The term commercial quantity has been defined in Section 2 (viia), which reads as under: “(viia) “commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. 6. As per entry No. 28 of the notification of Central Government bearing No. 1055 (E) dated 19.10.2001, possession of more than 1 kg of Codeine Phasphate falls in commercial quantity. 7. Even, if the prosecution version be taken as it is, the recovery of intoxicating liquid of 1 kg does not fall in the category of commercial quantity. 8. Petitioner was arrested in this case on 06.04.2013. He is in custody. The challan has been presented. 9. It has been submitted that out of 10 witnesses only one witness has been examined so far. The conclusion of trial will take considerably long time. 10. Keeping in view all these facts and circumstances and without expressing any opinion on merits, the petitioner is ordered to be released on regular bail on his furnishing bail bond and surety bond to the satisfaction of the CJM/Duty Magistrate, Sangrur, subject to the following conditions. i) He shall comply with the conditions mentioned in Section 437 (3) Cr.P.C. ii) In the event of his absence on any date of hearing, the benefit of bail allowed to him shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. i) He shall comply with the conditions mentioned in Section 437 (3) Cr.P.C. ii) In the event of his absence on any date of hearing, the benefit of bail allowed to him shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to seek bail afresh. iii) He shall not leave the country without the previous permission of the Court. ---------0.B.S.0------------