JUDGMENT : NELSON SAILO, J. 1. Heard Mr. Zochhuana, the learned counsel for the petitioner as well as Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor for the State of respondent. 2. The petitioner by filing this bail application under Section 439 of the CrPC read with Section 37 of the ND&PS Act, 1985 has sought for his enlargement on bail in connection with Champhai PS Case No. 117/2018 registered under Section 22(c)/ 25 of the ND&PS Act, 1985 read with Section 14 of the Foreigners Act. 3. The case of the petitioner is that he was arrested on 27.09.2018 by the Champhai Police in connection with the case and thereafter, he has been kept in judicial custody till date. The petitioner prior to coming before this Court filed Bail Application No. 91/2019 before the Court of Special Judge under the ND&PS Act at Champhai Judicial District, but the same was rejected vide Order dated 29.01.2019. 4. Mr. Zochhuana, the learned counsel for the petitioner submits that the petitioner is not the owner of the vehicle from where 49 kg of Methamphetamine was recovered and that he is suffering from Kidney problem. He was admitted in the District Civil Hospital at Champhai from the District Jail on 10.01.2019 and was discharged on 14.01.2019. The Medical Officer while discharging him referred him to the General Surgeon at the State Referral Hospital, Falkawn for proper management of his case. He therefore submits that besides the petitioner being innocent from the recovery of 49 kg of Methamphetamine, the petitioner on account of his health condition be released on bail. He further submits that in a case of similar nature, this Court granted an interim bail to an accused for a period of one month to enable the person concerned avail medical treatment in Aizawl. In this connection, the learned counsel produces an Order dated 15.02.2019 passed by this Court in Bail Application No. 2/2019 (Smt. J. Lalnunmawii -vs- State of Mizoram). 5. Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor on the other hand submits that a commercial quantity of Methamphetamine was recovered and the allegation against the petitioner is of a serious nature. The punishment for commission of the offence as alleged being severe, grant of bail under the circumstance is not warranted. 5. Mrs. Linda L. Fambawl, the learned Addl. Public Prosecutor on the other hand submits that a commercial quantity of Methamphetamine was recovered and the allegation against the petitioner is of a serious nature. The punishment for commission of the offence as alleged being severe, grant of bail under the circumstance is not warranted. By referring to the case diary, she submits that the sample drawn from the seized article was sent for Forensic examination and on examination, it was found that the same contained Methamphetamine. She further submits that the petitioner was examined under Section 161 of the CrPC, wherein he admitted that he transported the seized article for a considered sum. She further submits that the petitioner is originally from Myanmar and he came to Mizoram some time in the year 2010 and therefore, the release of the petitioner on bail may not be desirable since if he is released on bail, it will be difficult to secure his presence during the trial. Under the circumstances, she submits that the application for bail be rejected. 6. I have considered the submissions advanced by the learned counsels for the rival parties and I have perused the materials available on record including the case diary produced by the learned Addl. Public Prosecutor. 7. Primary considering for this Court is as to whether there is a prima facie case against the petitioner to implicate him in the alleged crime. From the materials available in the case diary, it is seen that 49 kg of Methamphetamine was recovered from the vehicle driven by the petitioner. The statements recorded under Section 161 of the CrPC also reveal that the petitioner transported the seized article for a considered sum of Rs. 50,000/-. The seized article was also sent for forensic examination where it was found that the same was Methamphetamine. Therefore, it cannot be presumed that the petitioner is not guilty of the alleged offence. The case relied upon by the learned counsel for the petitioner i.e. Bail Application No. 2/2019, in my considered view will also have no application to the present case and cannot be treated as a precedent. There are also material difference in the recovery of the alleged contraband substance and also the health condition of the arrested persons. Consequently, the bail application stands rejected. 8. There are also material difference in the recovery of the alleged contraband substance and also the health condition of the arrested persons. Consequently, the bail application stands rejected. 8. Since the petitioner claims that his condition has deteriorated after he was discharged from the District Civil Hospital at Champhai, the Jail Superintendent of District Jail, Champhai shall get the petitioner re-examined and re-assessed by the Chief Medical Officer of the District Civil Hospital, Champhai. On such examination, if it is found that the petitioner requires to be referred to a better health facility, either in Aizawl or at the State Referral Hospital in Falkawn, necessary arrangement to enable the petitioner to take such treatment should be arranged by the Jail Superintendent. The Superintendent of Police, Champhai District shall render all assistance and support to the Jail Superintendent. Accordingly, the bail application stands disposed of. A copy of this order be sent to the Superintendent, District Jail, Champhai and the Superintendent of Police, Champhai for compliance.