KANWALJIT SINGH AHLUWALIA, J. - (1.) Present bail application has been filed under Section 439 Cr.P.C., 1973 for grant of a regular bail to the petitioner in a case arising out of FIR No. 06/2016, registered at police station Ramganj, Jaipur City, Jaipur, for the offences under Sections 8/20 of NDPS Act.
(2.) The learned counsel for the petitioner has relied upon the order of even date passed in S.B. Criminal Misc. Bail Application No. 767/2016. The said order reads as under:- "Present bail application has been filed under Section 439 Cr.P.C., 1973 for grant of a regular bail to the petitioner in a case arising out of FIR No. 06/2016, registered at police station Ramganj, Jaipur (North), for the offences under Sections 8/20 of NDPS Act and later on Section 8/29 of NDPS Act. The learned counsel for the petitioner has submitted that 130 gms of Charas was recovered from the petitioner. The learned counsel for the petitioner submitted that 100 gms constitute a small quantity whereas, the recovery of 1 kg Charas constitute commercial quantity. The learned counsel for the petitioner has submitted that just 30 gms above the small quantity was recovered from the petitioner. The learned counsel for the petitioner further contended that the petitioner is not involved in any other case and the period of police custody is already over. Considering the quantity recovered and the fact that the petitioner is involved in any other case, the present bail application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial court."
(3.) The learned counsel for the petitioner submitted that no recovery has been effected from the petitioner and he has been implicated as accused on the basis of statement made by the co-accused Abdul Hamid during interrogation.;