H.R. Panwar, J. - (1.) Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the challan papers.
(2.) Final bail application was dismissed by me on 20.9.2001 as learned counsel for the petitioner did not press the same. After dismissal of the first bail application, the provision of amended N.D.P.S. Act has come into force and by notification dated 19.10.2001, the commercial quantity has been separately defined which is 2.5 kg. of opium.
(3.) Learned counsel for the petitioner submits that no recovery has been effected from the petitioner and the allegations are against co-accused-Balu from whom the contraband opium weighting 01 kg. is alleged to have been recovered. The petitioner is in custody since April, 2001 and in view of the amended provisions of N.D.P.S. Act, provisions of Section 37 of N.D.P.S. Act are not attracted.;