JUDGMENT 1. - The petitioner is said to be in possession of 10 Kg. of opium. It is stated that he was going from his house with a suit case in his hand on the Geatora road and one constable Abdul Mazid, followed him. He had already received source information that a man is going with huge quantity of opium with him. He could smell opium from the bag of the accused When they reached a by pass road an auto rickshaw came there and as Abdul Mazid had some feer that the accused would ran away, he caught him and took him to the police head quarters in the office of the Inspector General. The Inspector General of Police asked the accused his name and thereafter wrote a letter to the Bramhpuri Police Station upon which the case was registered. 2. The learned counsel for the petitioner has contended that the auto-rickshaw man who took the accused as well as Abdul Mazid to the police headquarters, has not been examined as a witness. It is also contended that the petitioner was not informed about the rights to get himself searched before the Magistrate or Gazetted Officer. 3. The learned Public Prosecutor has contended that the kilograms of opium was found in the possession of the accused. 4. This is the stage of dealing with the bail application and it would not be appropriate to discuss the case in detail. However, this much can be said that (illegible) it is not clear that as to whether the suit case of the petitioner was opened and where it was found that he was in possession of opium. Bramhpuri Police Station was nearer then the Police Head Quarters from the place where the accused was apprehended. There are a number of circumstances, which help the accused though no final opinion can be given on the basis of challan papers only as the witnesses will come before the court and give their statements. The Inspector General of Police in this case has also not been cited as a witness. Ordinarily in a case wherein ten Kilograms opium is recovered, from a person I would not be inclined to grant bail but looking to the peculiar circumstances of the present case, it can be said that the petitioner can be released on bail on appropriate conditions. 5. Ordinarily in a case wherein ten Kilograms opium is recovered, from a person I would not be inclined to grant bail but looking to the peculiar circumstances of the present case, it can be said that the petitioner can be released on bail on appropriate conditions. 5. It is, therefore, ordered that the accused petitioner Suraj Mal Soni be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for his appearance before the trial court of all dates of hearing during the pendency of trial and as when called upon to do so with the further condition that he shall not keep narcotic drugs in his house or in his possession.Bail granted. *******