JUDGMENT : Virender Singh, J. Applicant-Het Ram, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, in case FIR No.94 of 2023, dated 21.07.2023, registered under Sections 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Manpura, District Solan, H.P. 2. According to the applicant, he has falsely been implicated, in the present case, for allegedly possessing11160 tablets of Lomotil. 3. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody. 4. As per the applicant, he is permanent resident of the address, as mentioned, in the application and is having deep roots in the society. 5. The applicant has also tried his luck by moving similar Application bearing Cr.MP(M) No.310 of 2024, which was dismissed as withdrawn, vide order, dated 29 th February, 2024. 6. Apart from this, Mr. N.S. Chandel, learned Senior Advocate assisted by Mr. Vinod K. Gupta, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report disclosing therein, that one rukka was submitted by HC Ashok Kumar No.139, I.O. ANTF/FU, Shimla range Malyana, mentioning therein, that on 21.07.2023, at about 2.00 p.m., the I.O., along with other police officials, was on duty to detect the crime relating to Narcotic drugs and was present at Kishanpura chowk. 8.1. At that time, a secret information was received regarding the indulgence of Het Ram and Dinesh Kumar in the illegal business of selling psychotropic substances and according to the informant, both of them, at the relevant time, were inside a swift car bearing registration No.HP12F-0878 at Kishanpura Dhela Chanalmajra, in order to sell the psychotropic substance. 8.2. As per the information, if the said persons were detained and their vehicle would be searched, then, the narcotic substance could be recovered. 8.3. 8.2. As per the information, if the said persons were detained and their vehicle would be searched, then, the narcotic substance could be recovered. 8.3. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, possibility of removal of the contraband from the spot, could not be ruled out. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the SDPO, Baddi, through constable Vikrant Singh. 8.4. Thereafter, the police party had left towards the spot. On the way, they had associated Surender Kumar and Pawan Kumar, as independent witnesses, after apprising them about the secret information. 8.5. Thereafter, picketing was done. After some time, the said swift car bearing No.HP12F-0878, being driven by its driver, was noticed coming from Manpura to Dhela side. At the spot of picketing, with the help of police officials, the said vehicle was signalled to stop. 8.6. On inquiry, the person, who was on the wheel, disclosed his name, as, Dinesh Kumar and the person sitting on the passenger seat, disclosed his name, as, Het Ram (applicant). 8.7. Thereafter, the I.O. apprised the said persons, about the secret information, which, he had received and thereafter, the officials of the raiding party have given their personal search to the above two persons. Subsequently, the vehicle was searched. 8.8. During search of the vehicle, a blue and while coloured plastic sack, was found. On opening the said sack, there were two card board boxes, upon which, the words ‘LOMOTIL (Rx Diphenoxylate Hydrochloride and Atropine Sulphate Tablets, IP) was found written. On opening the said boxes, total 11,160 tables of Lomotil were recovered. 8.9. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused was arrested. 9. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga, from where, the following report has been received, which has been reproduced, in the status report:- "Various scientific tests such as physical identification, chemical, chromatographic, UV-Vis spectrophotometric & HPLC analyses were carried out in the laboratory with the exhibit stated as Lomotil, with representative & homogenous sample. The above tests performed, indicated the presence of Diphenoxylate Hydrochloride in the exhibit. The above tests performed, indicated the presence of Diphenoxylate Hydrochloride in the exhibit. The result thus obtained is given below:- "The exhibit stated as Lomotil is a sample of Diphenoxylate Tablets" 10. Thereafter, the police filed the charge sheet against the accused persons, before the Court of learned Special Judge, Solan. The case is now stated to be fixed for recording the statements of prosecution witnesses. 11. On the basis of the above facts, a prayer has been made to dismiss the application. 12. In this case, Shri N.S. Chandel, learned Senior Advocate assisted by Mr. Vinod K. Gupta, Advocate, has vehemently argued that the contraband, involved in the present case, does not fall within the definition of ‘manufactured drugs’. 13. To buttress his contentions, learned counsel for the applicant has relied upon the definition of ‘manufactured drugs’, as contained in Section 2(xi) of NDPS Act, vide notification No.S.O.826E, dated14.11.1985. 14. In this regard, entry number 58 has also been relied upon, by the learned senior counsel for the applicant. Relevant provisions of Section 2(xi), as well as, entry No.58, as mentioned, in notification dated14.11.1985, is reproduced, as under:- “2(xi) Manufactured drugs” means:- (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drugs; Entry No.58 “ Elthy1 1-(3- Cyano-3, 3-diphenylpropy)- 4 –phenylpiperidine-4-carboxylic acid ethyl ester(the international non-proprietary name of which is Diphenoxylate) and its salts and preparations, admixture, extracts or other substances containing any of these drugs except preparations of Diphenoxylate calculated as base, and a quantity of Atropine Sulphate equivalent to at least one percent of the dose of Diphenoxylate. 15. To buttress his contention, learned senior counsel for the applicant has relied upon the judgment dated 17.7.2017 rendered in Cr.MP (M) No.792 of 2017, titled as Surjeet Kumar versus State of H.P., and argued that the contraband does not fall within the definition of ‘commercial quantity’. 16. In this case, the relevant portion of the report of SFSL, as reproduced above, according to which, the exhibits are stated to be the sample of Diphenoxylate Tablets, has also been relied upon. 17. 16. In this case, the relevant portion of the report of SFSL, as reproduced above, according to which, the exhibits are stated to be the sample of Diphenoxylate Tablets, has also been relied upon. 17. At the time of deciding the bail application, the report of SFSL, in the absence of the opportunity to the prosecution, to explain the same, cannot be discarded, as the prosecution will get opportunity to explain the report, in view of the provisions of NDPS Act and notification dated14.11.1985. 18. It is the case of the applicant that the substance does not fall within the definition of ‘manufactured drugs’. However, till date, no efforts have been made by the applicant to move to the trial Court for sending the contraband again to the SFSL to get the fresh report. 19. In the absence of any evidence, at this stage, merely, on the basis of the submissions, made by learned senior counsel appearing for the applicant, it cannot be said that the contraband, so recovered, does not fall within the definition of ‘manufactured drugs’, as such, no benefit could be derived from the decision in Cr.MP(M) No.792 of2017. 20. The contraband, allegedly recovered, in this case, is 11,160 tablets of Lomotil, which falls within the definition of ‘commercial quantity’. 21. Once, it has been held that the contraband allegedly recovered from the possession of the accused falls in the category of ‘commercial quantity’, as per the Notification issued by the Central Government, then, the rigors of Section 37 of the NDPS Act come into play. 22. Considering all these facts, there is nothing on the record, on the basis of which, it can be said, at this stage, that the applicant has not committed the offence or while on bail, he will not commit any offence. As such, no case to pass any order in favour of the applicant, under Section 483 BNSS, is made out, at this stage. Consequently, the bail application of the applicant is dismissed. 23. Any of the observations, made herein above, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.