:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.913 OF 2008 WITH CRIMINAL APPEAL NO.769 OF 2005 Mr. Zeigler (GEB SCHWEIKERT) Rolf. ..Applicant. Vs. Union of India and anr. ..Respondents. Ms. Nilofer Sayyed for the applicant. Ms. P.Shah for the Respondent No.1. Mrs. A.A. Mane, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 15th September, 2008 PC : 1. This is an application for grant of bail. Out of sentence of 10 years, applicant has under gone 8-years. The point which is argued is that if the percentage of drug of the sample is taken into account, the quantity will be less than the commercial quantity and therefore, stringent provisions of Section 37 of the NDPS Act would not apply. A Reliance is placed upon the recent judgment of the Apex Court in the case of E. Michel Raj Vs. Intelligence Officer reported in 2008 AIR SCW 2365. Considering the above judgment, application is allowed. It is therefore, directed that the applicant may be released on bail in the sum of Rs.1,00,000/- ( One lac) with one surety in the like amount subject to condition that he will deposit the fine amount before his release on bail. The second condition of bail will be that the :2: applicant will report to the Air Intelligence Department, Andheri Kurla Road, Marol, Mumbai-400059 once in fort night on every first and third Monday till the disposal of the appeal on merits. Application is disposed off. CRIMINAL APPEAL NO.769 OF 2005 1. This appeal has been admitted on 22.8.2005. A short point is involved in the appeal. Hence, appeal to be added to the final hearing board in the week commencing from 20.10.2008. (R.S. MOHITE, J.)