JUDGEMENT/ORDER :

1. The petitioner has filed this application for grant of bail for the commission of offences punishable under Sections 8/21/22/27-A/29 NDPS Act in case FIR No. 28/2019 dated 15.03.2019 registered at Police Station Miran Sahib, Jammu.

2. As per the story of prosecution, on 15.03.2019 at 19:35 hours during checking near Kullian, R.S. Pura, the police noticed that two passengers coming from R.S. Pura side on seeing police checking when tried to ran away towards Kullian, the police chased and apprehended them. During their search 3000 capsules of Tramadol were recovered from their possession and they disclosed their names as Lovedeep Nath and Jaswant Singh. However, both of them failed to render any explanation regarding the possession of 3000 capsules each nor they produced any doctor's prescription, license, permit or authorization to carry the said contraband illegally.

3. Learned counsel appearing for petitioner argued that the embargo contained under Section 37 of the NDPS Act is not applicable in the present case because neither the weight/quantity of the narcotic content in the capsules nor the weight of capsules allegedly recovered from the possessi