Vijay Bishnoi, J.:— Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No. 336/2016 of Police Station Sadulshahar, Distt. Sri. Ganganagar for the offence punishable under Section 8/22 of the NDPS Act. They have preferred this bail application under Section 439 Cr.P.C
3. Learned counsel for the petitioners has submitted that the total weight of the Alprazolam tablets recovered from the petitioners is 88.3 gms, whereas, 100 gms of Narcotic Drug and Phychotrophic Substance - Alprazoalam is termed as commercial quantity. It is contended that the total weight of the Alprazolam tablets recovered from both the petitioners is less than commercial quantity. It is thus prayed that the petitioners may be enlarged on bail.
4. Per contra, learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that the recovered Narcotic Drug and Phychotrophic Substance from the petitioners is less than commercial quantity.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C
6. Accordingly, these bail applications filed under Section 439 Cr.P.C are allowed and it is directed that petitioners - Gagu Singh @ Chimna son of Sukhdev Singh and Manpreet Singh son of Shingara Singh shall be released on bail in connection with FIR No. 336/2016 of Police Station Sadulshahar, Distt. Sri. Ganganagar provided each of them executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.