Banwari Lal Sharma, J. - (1.) The present Bail Application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 201/2014, Police Station - Hamirawas, District - Churu, for the offences under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act.
(2.) Learned Counsel for the petitioner submits that recovered contraband opium is of 1 Kg 100 gms which is less than commercial quantity, therefore, provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Ad are not applicable in this case and petitioner is in custody since 22.7.2014 therefore, the Bail Application of present petitioner may be accepted.
(3.) Learned Public Prosecutor has opposed the Bail Application in general.;