BADAR DURREZ AHMED, J.

( 1 ) THE learned counsel for the petitioner submits that the alleged recovery from the petitioner is of 20 gms of charas and 20 gms of smack, both of which are far below the commercial quantity. He further submits that this is the second application for bail. Earlier, the application for bail was rejected by this court on 04. 11. 2004. He says that since then, four more witnesses have been examined and there are several contradictions in their statements with regard to the recovery and the manner in which the samples have been sent to the FSL for testing. He also submits that insofar as 20 gms of charas are concerned, the punishment would be of six months only and that period has already been undergone by the petitioner, who is in judicial custody since 26. 06. 2004. The learned counsel for the petitioner, therefore, argued that as the bar of Section 37 of the NDPS Act would not be applicable, this is a fit case in which the petitioner, who is an Italian national, should be granted bail.

( 2 ) THE learned counsel for the State opposed the grant of bail. He submitted that the petitioner is an Italian national and if he is released on bail, there is every like

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