1. Heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent No.1 and Assistant Solicitor General for respondent No.2.

2. The petitioner is charge sheeted by the respondent-police in respect of the offences punishable under Section 21(b) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of the Foreigners Act, 1946 and under Section 12(1)(B)(C) of the Passport Act, 1967.

3. The allegation of the prosecution is, the accused was in possession of narcotic substance/cocaine weighing 4.050 grams and he has over stayed the period of his business visa which expired on 04.06.2016 and was engaged in sale of narcotic substance.

4. Learned counsel for the petitioner submits that he is already in judicial custody. So far, the qualitative and quantitative report of the criminating material seized from his possession is not received. Assuming for a while that the incriminating material seized is cocaine, as per the notification of the Central government in SO 1055 (E) dated 19.10.2001, the seized substance is below commercial quantity. If enlarged on bail he undertakes to get his visa renewed till conclusion of trial. He also undertakes to abide by any conditions which may be imposed on him.

5. Perused the charge sheet papers. The FSL report pertaining to the alleged narcotic substances seized from his possession is not placed on record by the Investigating Officer. In that view of the matter at this stage it cannot be said that a prima-facie case is made out against the petitioner in respect of the offences under Section 21(b) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

6. Having regard to the above circumstances, there is no impediment to allow the petition.

7. Petition is allowed. Petitioner is enlarged on bail in connection with Crime No.174/2016 registered by the respondent-police, subject to the following conditions:

(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one local surety for the like-sum to the satisfaction of the concerned Court. In the alternative he shall deposit cash security for a sum of Rs.2,00,000 (Rupees Two lakhs only).

(ii) He shall attend the Court on all hearing dates regularly and punctually.

(iii) He shall not indulge in identical activities.

(iv) He is directed to mark his attendance on every Tuesday before the SHO of the 1st respondent police station till conclusion of trial.

Learned counsel for the petitioner is permitted to carry out the amendment to the cause title within two days.