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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.102/2017, registered at Police Station Bilara, District Jodhpur for the offence under Section 8 / 18 of the NDPS Act.
The petitioner was apprehended on 9.3.2017 while smuggling 1 kg. 300 gms. of contraband opium. Investigation is complete and charge-sheet has been submitted for the above offence which carries maximum punishment of ten years. As per charge-sheet, the petitioner does not have any criminal antecedents. Since the recovered contraband is below commercial quantity, the restrictions contained in Section 37 of the NDPS Act do not apply.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Pukhraj arrested in connection with F.I.R. No.102/2017, registered at Police Station Bilara, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.