JUDGMENT Kuldeep Mathur, J. - The instant bail application has been filed by the petitioner-Goverdhan S/o Bharu Lal under Section 439 Cr.P.C against the order impugned dated 03.01.2023 passed by learned court below in connection with FIR No.122/2021 registered at Police Station Kolayat, District Bikaner, for the offences under Sections 8/18 and 29 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that as per the prosecution story, co-accused-Deva Ram was apprehended by the Police while transporting huge quantity of opium. It was further submitted that petitioner has been implicated in the present case only on the basis of the information given by Deva Ram. Learned counsel further submitted that from the record of the investigation, it is apparent that as per recorded information of Deva Ram, he procured the narcotic contraband (opium) quantifying one kilogram from the present petitioner. Learned counsel submitted that in view of above, it can be safely concluded that the contraband alleged to have been procured by Deva Ram from the present petitioner is less than the commercial quantity. Lastly, it was contended that in the absence of direct involvement of the petitioner and also keeping in view the fact that the contraband said to have been procured from the petitioner is less than commercial quantity, prima facie, rigors of Section 37 are not attracted. Learned counsel urged that keeping in view the aforesaid facts and circumstances, the benefit of bail should be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application. 3. Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail. 4. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Goverdhan S/o Bharu Lal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.