Cr.MP(M) No. 44 of 2011 25.02.2011 Present: Mr. J.R. Poswal, Advocate, for the petitioner. Mr. P.K. Sharma, Addl. A.G. with Ms. Shubh Mahajan, Deputy Advocate General, for the respondent. The petitioner has been arrested for offence under Section 20 of the NDPS Act on the allegations that he was found in possession of 250 Grams of Charas which is less than the commercial quantity. The petitioner is in judicial custody since 24.11.2010. Learned Additional Advocate General submits that the petitioner cannot be admitted to bail for the reason that he is already facing trial in other case under the Act aforesaid in which he was found in possession of 1 Kg 400 grams charas and the trial is pending. He also submits that in another case the petitioner was again found in possession of 40 Grams charas for which he is facing trial. What I find from the orders passed by the learned Additional Sessions Judge, Ghumarwin on 26th March, 2010 and the learned Judicial Magistrate Ist Class, Bilaspur on 14th March, 2008 is that the bail petitioner has been granted on bail in both the cases. The State urges that the petitioner is habitual offender, which was considered and accepted by the learned Sessions Judge. In the present case, the percentage of resin in the narcotic substance has been found to be 29.30%. In other words, the contraband/narcotic substance could be only about 75 grams, which is less than the small quantity. In these circumstances, this application is allowed. It is directed that the petitioner who is in judicial custody shall be released on bail subject to his furnishing a personal bond in the sum of ` 75,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge, Bilaspur. It is further directed: (a) The petitioner shall not interfere or tamper with the prosecution evidence or in any manner try to overawe or influence prosecution witnesses; (b) He shall not obstruct the smooth progress of the investigation or the trial; (c) He shall join investigation as and when required by the Investigating Officer; (d) He shall not abscond from the jurisdiction of the learned Sessions Judge, Bilaspur; (e) It is clarified that in the event of violation of any of the conditions imposed, the bail shall stand cancelled and the matter referred to this Court. This order does not preclude or pronounce upon the legality of the bail orders which have been passed by the learned Additional Sessions Judge, Bilaspur or the learned Judicial Magistrate Ist Class, Bilaspur, which will be considered on their own merits. Petition stands disposed of. February 25, 2011 (Dev Darshan Sud), ms Judge