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.01/2022, Police Station Gudamalani, District Barmer, registered for the offence punishable under Section 8/21 of the NDPS act.

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

3. Learned counsel for the petitioner stated that as per prosecution, alleged contraband - smack (morphin) weighing 20 gms. have been recovered from the possession of the petitioner; recovered contraband is below commercial quantity; petitioner is behind the bars since 01.01.2022; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that four other cases have been registered against the accused-petitioner out of which, one case is of identical nature.

5. Having regard to the facts an