JUDGMENT 1. - Petitioner has been arrested for offence under section 8/20 of the NDPS Act because he was found in possession of 3 kg. of Ganja. His bail application has been rejected by learned Additional Sessions Judge, Kota vide order dated 15.11.2011, hence this bail application. Ms. Babli Bai, wife of the petitioner relying on the judgement of this Court in Babu Ram v. State of Rajasthan-RLR 2002 (3) page 244 and submitted that Section 50 of the NDPS Act was not complied with and the petitioner was not given option to be searched in the presence of Magistrate or Gazetted Office. The recovery made at his instance is false because no independent witness has been associated therewith. Petitioner has purchased the motor cycle from Car Bazar on the basis of one sale letter given by owner of the motor cycle and the registration certificate was yet to be transferred in his name. He could produce that sale letter, but since he was not having the registration certificate, this false case of NDPS has been registered against him. Even otherwise, the quantity of the Ganja that has been recovered from his instance was only 3 kg, which is far less than the commercial quantity of 20 kg. Petitioner was arrested on 2.11.2011 and since then he is in jail. Only one more case is registered against him and therefore for that reason, he could not be unduly detained, particularly when investigation is complete and he is no more required in detention for any other purpose. 2. The representative of Public Prosecutor opposed the bail application. 3. Despite three opportunities granted by this Court, the respondents are not able to produce either the challan papers or otherwise point out that petitioner has more than one criminal case registered against him. Therefore, without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. 4. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Vishnu Sharma S/o Shankar Lal shall be released on bail in F.I.R. No.348/2011 P.S. Jawahar Nagar, Kota City for offence under section 8/20 of NDPS Act to his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. 5. However, in case it is found that any other criminal case is pending against petitioner except the above referred to case and that misstatement has been made about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court.Bail Allowed. *******