- (1.) This is second bail application. The first bail application came to be dismissed vide order dated 07-4-2006 as it was not pressed by the counsel appearing for the petitioner, however, a liberty was granted to file a fresh application after Challan is filed. Counsel for the petitioner has filed Challan papers.
(2.) Heard learned counsel for the petitioner and the Public Prosecutor appearing for the State. Perused the Challan papers.
(3.) It is contended by the learned counsel for the petitioner that the offence against the petitioner is under Section8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Nothing has been recovered from the petitioner and the recovery of 1.070 kg. opium was from co-accused Moti Ram. Having regard to the facts and circumstances of the case and the fact that nothing has been recovered from the present petitioner, I consider it just and proper to enlarge the accused-petitioner on bail.;