JUDGMENT 1. - The learned counsel pointed out that the petitioner is neither the driver nor the owner of the jeep. The contraband article was allegedly carried/transported by Birbal and his friends. There is nothing to show that the petitioner is one of the friends of Birbal. He is an employee in Military Engineering Service. He was present in Office on 7.4.2000 and on 8th he was going for his own personal work and was travelling in the jeep merely as a passenger without having any knowledge about the contents of the bag kept in the jeep. Petitioner did not try to run away. Whereas the other three occupants of the jeep allegedly the friends of Birbal fled away. Therefore, the petitioner has been falsely involved in this case merely on the basis of his presence in the jeep as a passenger. Learned Public Prosecutor has opposed the bail petition that he was along with Birbal and his other friends in the jeep in which the contraband item was being transported. Therefore, Section 37 NDPS Act is applicable in his case also. 2. I have considered the facts and circumstances of the case and the arguments submitted on behalf of both the sides. Without expressing any opinion on the merits and having considered the above facts and circumstances of the case, I have reasons to believe that the petitioner may not have committed the alleged offence. Moreover, there is nothing to hold that if released on bail, petitioner may commit such offence again. In my considered opinion, the case of the petitioner is covered under section 37 NDPS Act for enlarging him on bail. 3. The petition is allowed and it is hereby ordered that petitioner-Iqbal Singh Shp Ajmer Singh be released on bail provided he executes a personal bond in the sum of Rs. 10,000/- and furnishes one sound and solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail granted. *******