ORDER : 1. Petitioner is accused in case FIR No. 49 of 2022 dated 23.03.2022 registered at Police Station, Dharampur, District Solan, H.P. under Sections 21 and 29 of the Narcotics Drugs and Psychotropic Act, 1985. 2. Petitioner along-with his co-accused named Sunny Adwan were apprehended by the police at Dharampur, District Solan, H.P. on 23.03.2022 at about 4.10 p.m., while sitting in vehicle No. HP64-4528 (Alto car). The police had prior secret information that petitioner and Sunny Adwan were carrying contraband and were involved in its sale to the consumers. Heroin weighing 11.20 grams was recovered from the vehicle occupied by the petitioner and his co-accused. Petitioner and his co-accused were arrested and petitioner is in custody since then. The investigation is stated to be complete and challan has been presented in the Court on 13.05.2022. 3. Petitioner has approached this Court for grant of bail in the above noted case on the grounds that he is innocent. Nothing has been recovered from his conscious possession. It is stated that petitioner is of young age. The investigation has been completed and no fruitful purpose shall be served by prolonging the custody of the petitioner. Petitioner has undertaken not to tamper with the prosecution evidence. He has also undertaken to abide by all the conditions that may be imposed against him. It is submitted that petitioner is also an accused in another FIR under the NDPS Act involving small quantity of heroine. 4. In its status report submitted before this Court, respondent has narrated the facts regarding recovery of 11.20 grams heroin from the vehicle occupied by the petitioner and Sunny Adwan on the basis of prior information. It is stated that the police has effected the aforesaid recovery after complying with the provisions of Section 42(2) of the NDPS Act. The investigation is stated to be complete and challan is stated to have been filed in the Court. The co-accused in the case Sunny Adwan is stated to have been released on bail by the learned Special Judge, Solan. The details of the previous case registered against the petitioner vide FIR No. 24/2022 dated 01.02.2022 at police station, Dharampur, District Solan, H.P. has been provided. It is submitted that petitioner was found in possession of 4.65 grams heroin in the said case. 5. The details of the previous case registered against the petitioner vide FIR No. 24/2022 dated 01.02.2022 at police station, Dharampur, District Solan, H.P. has been provided. It is submitted that petitioner was found in possession of 4.65 grams heroin in the said case. 5. I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent- State and have also gone through the record carefully. 6. The status report submitted by the respondent in the case reveals that police has already completed the investigation and the challan has been filed in the Court. Police is not in possession of any material which may lead to an inference about the petitioner involved in the sale of heroin to its consumers. Noticeably, the status report reveals that petitioner and his co-accused are stated to have procured the recovered heroin from Delhi for their self consumption. The recovery of 4.65 grams of heroine from the petitioner on earlier occasion also prima-facie reflects his addictive user of the prohibited substance. 7. 11.20 grams of heroin recovered in the instant case is an intermediate quantity. Such a quantity cannot be presumed to be possessed for the sale to the consumers, in absence of any specific evidence suggesting such fact. Intermediate quantity is from 10 grams to 250 grams. Each case has to be decided on its own merits. In the facts of instant case, no fruitful purpose shall be served by prolonging the incarceration of petitioner, especially in absence of any material to suggest his involvement in the sale of contraband to the consumers. 8. The co-accused of the petitioner Sunny Adwan has already been released on bail by the learned Special Judge, Solan on the similar allegations. In view of this matter, petitioner is entitled to bail on the ground of parity also. Merely because he was involved in another case, may not be an impediment for grant of bail to the petitioner in the instant case for the reason that quantity in that case was small and suggestive of the fact that it was possessed by the petitioner for his self use. 9. The petitioner may require proper counseling and medical treatment which may not be available to the petitioner in judicial custody. 10. 9. The petitioner may require proper counseling and medical treatment which may not be available to the petitioner in judicial custody. 10. Petitioner is permanent resident of Village Kumaharri, P.O. Delgi, Tehsil Kandaghat, District Solan, H.P. There is no apprehension of his absconding or fleeing from the course of justice. It is not the case of respondent that in case of release of petitioner on bail, the trial of the case will be adversely affected. No apprehension has been shown by the respondent that petitioner is in a position to tamper with the prosecution evidence, if released on bail. 11. In the peculiar facts and circumstances of the case, the petition is allowed. Petitioner is ordered to be released on bail, in case FIR No. 49 of 2022 dated 23.03.2022 registered at Police Station, Dharampur, District Solan, H.P. under Sections 21 and 29 of the Narcotics Drugs and Psychotropic Act, 1985, subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Court. This order, however, shall be subject to the following conditions:- (i) That the petitioner shall make himself available for trial during each and every date of hearing before learned Special Judge. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police. (iii) That the petitioner shall not leave India without permission of learned trial Court. 12. Any observations made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observations made herein above.