JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the challan papers. 2. Final bail application was dismissed by me on 20.9.2001 as learned counsel for the petitioner did not press the same. After dismissal of the first bail application, the provision of amended N.D.P.S. Act has come into force and by notification dated 19.10.2001, the commercial quantity has been separately defined which is 2.5 kg. of opium. 3. Learned counsel for the petitioner submits that no recovery has been effected from the petitioner and the allegations are against co-accused-Balu from whom the contraband opium weighting 01 kg. is alleged to have been recovered. The petitioner is in custody since April, 2001 and in view of the amended provisions of N.D.P.S. Act, provisions of Section 37 of N.D.P.S. Act are not attracted. 4. Upon consideration of over all facts and circumstances of the case and taking into account the oral arguments advanced by both the parties, I think it proper to enlarge the accused-petitioner on bail. 5. Therefore, this second bail application u/s. 439 Cr.P.C. is allowed and the petitioner namely Sohan Lal son of Mangi Lal Dhakad be released on bail in FIR 44/2001 P.S., Salamgarh, Distt. Chittorgarh, Sessions Case No. 35/2001 provided he executes a personal bond fora sum of Rs. 20,000/- 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 so till the completion of the trial.Bail application allowed. *******