ORDER : 1. This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking their release on bail of the offences punishable under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered in respondent–Police Station Crime No.88/2017. 2. Brief facts as per the complaint averments is, the complainant received credible information that three persons were possessing ganja. Immediately, the complainant along with the staff and panch witnesses went to the said place. The accused persons were standing there in a suspicious manner appearing to be waiting for somebody. Then they were apprehended. When enquired, each one of them were having plastic bag containing ganja and when they were asked for personal search either before the Magistrate or before the Gazetted Officer, they told that the Gazetted Officer can conduct personal search and given it in writing. Accordingly, search was conducted and it is also mentioned in the complaint that the total quantity of ganja possessed by the accused was weighing 20.135 kilograms. In the presence of panch witnesses, panchnama was drawn and ganja was seized. After coming to the police station case was registered. 3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State. 4. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced in the case. 5. Looking to the complaint averments, it is stated by the complainant that after receiving credible information, the same was sent to the immediate Superior Officer in compliance of Section 42(2) of the NDPS Act, but regarding compliance of Section 42(1), the complaint is silent. Even the prosecution has not produced any material for the requirement of Section 42(1) of immediately entering the said information in the Station House Diary before the Court. 6. The petitioners herein denied the entire case of the prosecution contending that the petitioners have been falsely implicated and they are innocent. They are ready to abide by any reasonable condition that may be imposed by this Court. Even according to the prosecution, the entire quantity of ganja is seized from the possession of petitioners/accused Nos.1, 2 and 3 in the presence of panch witnesses. Investigation is completed and charge sheet is already filed. They are ready to abide by any reasonable condition that may be imposed by this Court. Even according to the prosecution, the entire quantity of ganja is seized from the possession of petitioners/accused Nos.1, 2 and 3 in the presence of panch witnesses. Investigation is completed and charge sheet is already filed. If the quantity alleged to have possessed by each of the petitioners is taken into consideration, it is less than the commercial quantity. The alleged offences are not exclusively punishable with death or imprisonment for life. 7. Accordingly, petition is allowed. Petitioners/accused Nos.1 and 2 are ordered to be enlarged on bail for the offences punishable under Sections 8(c) and 20(b) of NDPS Act, registered in Crime No.88 /2017, subject to following conditions: i. Petitioners to execute a personal bond for Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the concerned Court; ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly. iii. Petitioners to appear before the concerned Court regularly.