A.C. Goyal, J. - (1.) Heard learned counsel for the petitioner, learned PP and perused the case diary.
(2.) According to the prosecution case, accused Mahavir was apprehended with 2.90 grams opium on 25.10.2001. This accused Mahavir has disclosed before the I.O. that he purchased it from the accused petitioner Hariom Lohar. After investigation the accused Mahavir was challaned under Section 8/19 of the N.D.PS. Act while accused petitioner Hariom Lohar was challaned under Section 8/29 of the N.D.PS. Act. No recovery what-so-ever was made from the accused petitioner- According to the amended provisions of Section 37 of the Act, 1985, there is no bar to grant bail in such offences in which contravened article less than commercial quantity is recovered.
(3.) Taking into consideration the facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Section 439 Cr.PC.;