Page no. 1 M.Cr.C. no. 8346/2011 10/11/2011 Shri A. K. Saraswat, Advocate for the applicant. Smt. Mamta Shandilya, P.L. for the respondent – State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Anil heard. The applicant is involved in Crime no. 123/2011 of Police Station- Khujner, District- Rajgarh registered under sections 8/18 of the NDPS Act. According to the prosecution story, on the information of the informer that a party from Rajasthan has come to Shujalpur for sale of smack and a transaction is going on with the party of Shujalpur, hence on raid, a Xylo vehicle no. RJ-17- UA-160 was intercepted, in which four persons were sitting and near the vehicle one motorcycle no. M.P.-42-MC-7766 was also standing. On interrogation, the driver told his name to be Anil and the person sitting on his side told his name to be Tejkaran and persons on the rear seat told their names to be Chhotu Sheikh and Naseeb. After apprising them with the information of the informer, on search of Tejkaran, 75 grams smack, one mobile and a cash Rs. 1000/-; from Anil, 250 grams opium, one mobile and a cash of Rs. 230/-. from Chhotusheikh, cash of Rs.25,000/-, one mobile of Nokia company and one motorcycle no. M.P.-42- M.C.-7366 and from Naseeb Khan, cash of Rs.4000/- and one mobile of Nokia company and one mobile of Intel Company was seized. Later on, from the possession of Chhotusheikh, 70 grams opium was seized on 24/05/2011 and from Naseeb Khan on 21/05/2011, 80 grams opium was seized. Hence they have been arrested. Page no. 2 It has been argued by the applicant's counsel that he has been falsely implicated in this case. The seized quantity is below the commercial quantity. Trial will take time. Co-accused Naseeb @ Vasim Khan. Hence, he should be released on bail. The respondent has opposed the bail application and it has been argued that the applicant belongs to the gang of smuggler. Considering the circumstances and after perusal of the case diary and looking to the fact that the seized quantity is below the commercial quantity, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs.1,00,000/- ( Rs. One Lac ) alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules. ( I. S. Shrivastava, J. ) amol