BADAR DURREZ AHMED, J.

( 1 ) THIS application for bail was argued at length. The allegation against the petitioner is that he was carrying three bags one on each shoulder and one held in his right hand and each of these bags is alleged to have contained Indian Hemp (ganja ). The alleged contents of the bags were of 7. 5 kg. , 7. 5 kg and 7 kg of ganja totalling 22 kg which is above the commercial quantity of 20 kg prescribed under the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS act ). As such, on the basis of the allegations made in the FIR, the case would fall under Section 37 of the NDPS Act.

( 2 ) THE learned counsel for the petitioner pointed out that the factum of recovery of the alleged quantity of ganja is itself in doubt. He firstly submitted that there were no public witnesses although the recovery is said to have been made on a public road in the afternoon. Secondly, he submits, with a great deal of vehemence, that the samples said to have been collected and marked as S-12, S-25 and S-34 as indicated in the FIR were of 600 gms each specifically. However, the Forensic science Laboratory report clearly indicated that the sample

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