Judgment:
1. Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
2. Contention of learned counsel for petitioner is that main allegation is against Smt. Bano wife of petitioner, from whose possession contraband 6 kilogram 'ganja' was recovered and she has already been enlarged on bail by this court vide order dated 13.07.2010 in Bail Application No.6434/2010. Prescribed commercial quantity of the contraband under the Act is 20 kilogram. Another accused Niranjan Durga has also been enlarged on bail by order dated 19.07.2010 in Bail Application No.6731/2010. Petitioner is in jail for last about three months. This is the first offence alleged against petitioner and there is no other case ever registered against him. Challan has already been filed. Trial may take a long.
3. Learned Public Prosecutor opposed the bail application.
4. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-petitioner, namely, Shafiq @ Shafiq Mohommad Son of Shri Allanoor, Resident of Neharu Nagar, Tangewali Gali, Police Station Bhimganjmandi, District Kota (presently confined in Central Jail, Kota) be released on bail under Section 439 Cr.P.C., in FIR No.159/2010, Police Station Bhimganjmandi, Kota, for offence under Sections 8/20, 8/29 of the N.D.P.S. Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
5. However, in case petitioner is again found indulging in similar or any other offence at any point of time in future and that misstatement has been made about his whereabouts or non-registration of any other criminal case, the bail granted to him by this court in present case would be liable to be cancelled at the instance of prosecution on this ground alone and stipulation to this effect shall be inserted in bail bonds produced by petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.
6. The bail application stands disposed of.