JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.12/2020, Police Station Begu, District Chittorgarh, registered for the offences under Sections 8/15 and 8/25 of the NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that in the notice of Section 50 of the NDPS Act, third option was given by the Seizure Officer. Therefore, it is clear cut violation of Section 50 of the NDPS Act. In support thereof, learned counsel has placed reliance on a decision of the Supreme Court in State of Rajasthan Vs. Parmanand & Anr., (2014) 5 SCC 345.

4. On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that recovered quantity is commercial quantity. He further stated that Section 37 is clearly attracted in this case, therefore benefit of bail may not be granted to the accused-petitioner.

5. Having regard to the facts and circumstances of the case, particularly to the fact that third option was