S. N. AGGARWAL, J. ( 1 ) EXEMPTION is granted subject to all just exceptions. Bail Appln. No. 3821/2006: ( 2 ) THE petitioner seeks regular bail in case under Sections 29/61/85 of the ndps Act registered against him vide FIR 37/2006 with Police Station Narcotics branch, Kamla Market. ( 3 ) NOTICE, Mr. Sunil K. Kapoor APP for the State accepts notice of this application on behalf of the respondent/state. ( 4 ) THE case of the prosecution is that six kilograms of Charas was recovered from the possession of the petitioner's co-accused Aslam and the role ascribed to the petitioner in the incident is that he was standing with his co-accused Aslam and had talked with him for about 7-8 minutes prior to the alleged recovery. The petitioner is apprehended in the case alleging conspiracy against him. Admittedly, no recovery was made from the possession of the present petitioner. Though the quantity of Charas allegedly recovered from the possession of the petitioner's co- accused Aslam is a commercial quantity but as no recovery was made from the possession of the petitioner, there is likelihood of the petitioner not being convicted for the offence for which he has been booked and therefore his case falls within the proviso of Section 37 of the NDPS Act and entitles him to bail. The petitioner is in judicial custody since 6. 5. 2006. The petitioner was not involved in any other case prior to the alleged incident. ( 5 ) IN view of the above and having regard to other facts and circumstances of the case, the petitioner is admitted to bail on his executing bail bond in the sum of rs. 50,000/- with one local surety in the like amount to the satisfaction of the concerned Trial Court. Dast. Bail Application allowed.