ORDER S.K. Sahoo, J - The question that crops up for consideration in this bail application under section 439 Cr.P.C. is whether 20 kg. of ganja comes within "commercial quantity" as prescribed under section 2(viia) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter for short 'NDPS Act')? 2. In the present case, the petitioner Anil Kumar Dash who is an accused in Naktiduel P.S. Case No. 15 of 2012 corresponding to T.R. Case No. 25 of 2012 pending in the Court of learned Sessions Judge -cum- Judge (Special Court), Sambalpur has been chargesheeted under section 20(b)(ii)(C) of NDPS Act for transporting 20 kg. of ganja on 29.03.2012 at about 4 a.m. in his motorcycle bearing Regd. No. OR 19E 1589 near Ambajhari temple under Naktideul police station in the district of Sambalpur. 3. The petitioner is in custody since 14.02.2015 and his prayer for bail has been turned down by the learned Sessions Judge -cum- Judge (Special Court), Sambalpur vide order dated 25.02.2015 on the ground that the recovered and seized ganja being 20 kg. comes within the purview of commercial quantity and therefore section 37 of the NDPS Act is a legal impediment for grant of bail. 4. Heard Mr. Arun Kumar Das, learned counsel appearing for petitioner Anil Kumar Dash and Mr. Sangram Keshari Nayak, learned Additional Government Advocate. It is the contention of Mr. Das that the quantity of ganja seized does not come within "commercial quantity" and as such the bar under section 37 of the NDPS Act for grant of bail is not applicable. On the other hand Mr. Nayak contended that the notification published by the Central Government vide S.O. 1055 (E), dated 19.10.2001 specifies in column No. 6 that 20 kg. of ganja is commercial quantity and therefore the limitations specified in sub-clause (b) of sub-section (1) of section 37 of the NDPS Act on granting of bail applies to the case. 5. Section 20 of the N.D.P.S. Act prescribes punishment for contravention in relation to cannabis plant and cannabis. The relevant provision of section 20 is quoted herein below:-- "20. of ganja is commercial quantity and therefore the limitations specified in sub-clause (b) of sub-section (1) of section 37 of the NDPS Act on granting of bail applies to the case. 5. Section 20 of the N.D.P.S. Act prescribes punishment for contravention in relation to cannabis plant and cannabis. The relevant provision of section 20 is quoted herein below:-- "20. Punishment for contravention in relation to cannabis plant and cannabis.-- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder:-- x x x x x (b) produces, manufactures, possesses, sells, purchases, transports, imports inter State, exports inter-State or uses cannabis, shall be punishable-x x x x x (ii) where such contravention relates to sub-clause (b),- (A) and involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees and which may extend to two lakh rupees: Provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees." In view of the definition under sub-clause (b) of clause (iii) section 2 of NDPS Act, "cannabis (hemp)" means ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever, name they may be known or designated. "Commercial quantity" has been defined in clause (viia) of section 2 of the NDPS Act which reads as follows:-- "2.(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;" Similarly "small quantity" has been defined under clause (xxiiia) section 2 of N.D.P.S. Act which reads as follows:-- "2.(xxiiia) "small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette;" The Amending Act of 2001 (The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act 9 of 2001)) introduced the concept of "small quantity" and "commercial quantity" for the purpose of imposing punishment. The punishment thereunder is graded according to whether the contravention involved "small quantity", "commercial quantity" or, a quantity in between the two. By reason of Section 41(1) of the Amending Act of 2001, the amended provisions apply to pending cases. Simultaneously, with the Act of 2001 coming into force, by a notification S.O. 1055 (E) dated 19.10.2001 issued in exercise of the powers conferred by clauses (viia) and (xxiiia) of section 2 of the NDPS Act, the Central Government specified what would amount to "small quantity" and "commercial quantity" respectively, of different substances. The quantity mentioned in columns 5 and 6 of the table, in relation to the narcotic drug or psychotropic substance mentioned in the corresponding entry in the columns 2 to 4 of the said table are the small quantity and commercial quantity respectively for the purposes of the said clauses of that section. Even though in column No. 6 of the table under the heading of commercial quantity, 20 kg. has been mentioned but in view of clause (viia) of section 2 of the NDPS Act, 20 kg. of ganja will not come within the definition of "commercial quantity". Commercial quantity in respect of ganja is to be greater than the quantity specified in the aforesaid notification which would mean any quantity more than/bigger than/larger than 20 kg. has been mentioned but in view of clause (viia) of section 2 of the NDPS Act, 20 kg. of ganja will not come within the definition of "commercial quantity". Commercial quantity in respect of ganja is to be greater than the quantity specified in the aforesaid notification which would mean any quantity more than/bigger than/larger than 20 kg. Where the contravention relates to sub-clause (b) of section 20 of the NDPS Act and the quantity of ganja involved is 20 kg., it can be said to be lesser than commercial quantity but greater than small quantity which is punishable under section 20(b)(ii)(B) of NDPS Act and not under section 20(b)(ii)(C) of NDPS Act. 6. Section 37 of the NDPS Act reads as follows:-- "37. Offences to be cognizable and non-bailable-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27-A and also for offences involving commercial quantity shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail." In view of section 37 of the NDPS Act, the limitations on granting of bail specified in clause (b) of sub-section (1) of that section will not be applicable to the quantity of 20 kg. of ganja as the said quantity is lesser than "commercial quantity" but greater than "small quantity" and accordingly punishable under section 20(b)(ii)(B) of NDPS Act. The limitations shall apply, inter alia, for the offence under section 20(b)(ii)(C) of NDPS Act. 7. of ganja as the said quantity is lesser than "commercial quantity" but greater than "small quantity" and accordingly punishable under section 20(b)(ii)(B) of NDPS Act. The limitations shall apply, inter alia, for the offence under section 20(b)(ii)(C) of NDPS Act. 7. The language of the relevant sections of the NDPS Act discussed in the foregoing paragraphs are plain and unambiguous and conveys a clear and definite meaning and therefore it should be given its ordinary, natural and familiar meaning. 8. The petitioner has been charge sheeted under section 20(b)(ii)(C) of NDPS Act but in view of the quantity of ganja seized in this case, prima facie offence under section 20(b)(ii)(B) of NDPS Act is made out. The petitioner is in custody since 14.02.2015 and the case diary does not reveal any criminal antecedent against the petitioner. Since out of thirteen charge sheeted witnesses, ten witnesses are official witnesses, the chance of tampering with the evidence is very less. The petitioner is a young boy and a permanent resident of village Jarada. Considering the facts and submissions made and especially the fact that the petitioner appears to be involved in an offence under section 20(b)(ii)(B) of NDPS Act, taking into account his period of detention in judicial custody, I am inclined to release on bail. 9. Accordingly, the prayer for bail is allowed and the petitioner is directed to be released on bail in connection with Naktiduel P.S. Case No. 15 of 2012 corresponding to T.R. Case No. 25 of 2012 pending in the Court of Sessions Judge -cum-Judge (Special Court), Sambalpur on furnishing bail bond of Rs. 50,000/- (fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with the further terms and conditions as may be imposed by the said Court. The petitioner shall appear in person before the Court in seisin over the matter on each date, to which the case stands posted and shall also appear before his home police station i.e. Kancha Police Station once in a week on every Sunday in between 4.00 p.m. to 6.00 p.m. till the conclusion of the trial. Violation of any of the conditions imposed either by this Court or by the Court in seisin over the matter shall entail cancellation of bail. Accordingly the bail application is allowed. Final Result : Allowed