JUDGMENT 1. - Heard learned counsel for the petitioner and learned counsel for the Union of India (NCB). 2. First bail application was rejected by this Court on 1.11.2001. Learned counsel for the petitioner submits that the alleged contraband of one Kg. opium was recovered from joint possession of the petitioner and co-accused-Balwinder Singh. The petitioner was initially granted bail in the year 1998. But due to his personal ailment, he could not appear before the trial Court on 14.9.2001, and application for dispensing with his personal attendance before the Court, filed by the counsel representing the petitioner, was rejected by the trial Court and his bail bond was forfeited. The learned counsel for the petitioner further submits that prosecution witnesses are not appearing before the trial Court and now the provisions of Section 37 of NDPS Act are not attracted in the instant case, as recovery of opium is much less than the commercial quantity, provided in the amended NDPS Act and the notification dated 19.10.2001. 3. Upon consideration of over all facts and circumstances of the case and taking into account the oral arguments advanced by both the parties, think it proper to enlarge the accused-petitioner on bail. 4. Therefore, this second bail application u/s. 439 Cr.P.C. is allowed and the petitioner namely Davendra Singh son of Shri Jairnail Singh be released on bail in FIR No. 6/98, Narcotics Bureau, Bhilwara, Sessions Case No. 29/98, provided he executes a personal bond for a sum of Rs. 20,000/- (Rs. Twenty Thousand only) and furnishes two sound and solvent sureties in the like amount to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do o till the completion of the trial.Bail petition allowed. *******