Krishan Kumar, J.- - (1.) Heard learned counsel for the applicant as well as learned Public Prosecutor.
(2.) Learned counsel for the applicant states that the recovered opium is below commercial quantity. The accused is not habitual offender. He further states that the accused will not misuse the bail and not repeat the offence, therefore, bail may be granted. Learned Public Prosecutor opposed this bail application.
(3.) Having gone through the relevant provisions of the Narcotic Drugs And Psychotropic Substances Act and all the facts and circumstances of the case, I consider it to be a fit case for grant of bail under Section 439 Cr.P.C.;