JUDGMENT

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.199/2020, Police Station Chiksana, District Bharatpur, registered for the offences under Section 8/20 of the NDPS Act.

Heard learned counsel for the petitioner appearing through video conferencing as well as learned Public Prosecutor, present- in-person. Perused the material available on record.

Learned counsel for the petitioner stated that the third option was given by the Seizure Officer to the accused Rakesh Kumar, Gopal and Virendra. Therefore, it is clear cut the violation of Section 50 of NDPS Act and law laid down by this Court in various cases. The charge-sheet has been filed and trial will take time, therefore, benefit of bail may be granted to the accused- petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that 172.266 Kg. of the contraband (ganja) has been recovered from the possession of accused-petitioner, which is commercial quantity. He lastly, urges that Section 37 of the NDPS Act is clearly attracted in the present case.

Having regard to th