Order : KULDEEP MATHUR, J 1. This second application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.05/2023, registered at Police Station CBN Chittorgarh, District Chittorgarh, for the offence under Sections 8/18 of NDPS Act . 2. Heard learned counsel for the parties at Bar. Perused the material available on record. 3. Drawing attention of the Court towards the complaint submitted by the NCB before Special Judge, NDPS Cases No.01, Chittorgarh and the statements of the Seizure Officer recorded before the competent criminal Court as PW.1, learned counsel for the petitioner submitted that sufficient material is available on record to indicate that though the contraband (opium) weighing 3.200 kgs was recovered from the conscious possession of the present petitioner but as a matter of fact, he had mixed bournvita and water in 500 kgs of opium which is below commercial quantity, to adulterate it and to increase its volume. 4. Learned counsel submitted that the chemical examination report of the recovered contraband also indicates that MS percentage of the recovered contraband was 2.4% whereas density/thickness of the recovered contraband was 47.47%. Learned counsel contended that since the petitioner had allegedly mixed water and bournvita in 500 kgs of opium, which is below commercial quantity, the petitioner who is judicial custody since 01.08.2023 deserves to be enlarged on bail. 5. Per contra, learned Special Public Prosecutor has vehemently opposed the bail application. 6. The para 10 of the complaint submitted by the NCB before the competent criminal Court is reproduced below for ready reference:- ^^;g fd vkjksih ckyw flag firk tkye flag }kjk tIrh vf/kdkjh ,o eq>s vuqla/kku vf/kdkjh ds le{k fn;s x;s vius LosfPNd dFkuks esa ;g crk;k fd og iwoZ esa vQhe [kkus dk vknh Fkk ,oa gkbZos ij fLFkr vyx&vyx izdj.k esa Qlkus ds fy, lkjk "kM;a= jpk Fkk rkfd O;kolkf;d ek=k gksus ds dkj.k jk/ks';ke es?koky dh tekur uk gks lds ,oa tsy esa gh lMrk jgsA lkFk gh mlus ;g Hkh crk;k fd cph gqbZ vQhe mlus fdu&fdu 7. The relevant portion of the cross-examination of the Seizure Officer Shakeel Ahmad as PW.1 is reproduced below for ready reference:- ^^--------- ;g lgh gS fd ckywflag ds LosfPNd c;kuks ls Li"V vk;k Fkk fd tCr'kqnk vQhe dh ek=k e; ckjnku ds yxHkx 500 xzke gh Fkh ftlesa ckywflag }kjk cksuZohVk o ikuh feykdj mldh ek=k c 8. Having considered the rival submissions, facts and circumstances of the case, so also para 10 of the complaint submitted by the NCB before the competent criminal Court, this Court is inclined to enlarge the petitioner on bail particularly since the petitioner does not have any criminal antecedents and he is in judicial custody from 01.08.2023; and since the learned Special Public Prosecutor has also not shown any apprehension of the petitioner involving himself in a case of similar nature or fleeing away from justice, in case, he is enlarged on bail. The twin conditions enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. 9. Consequently, this second bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused- petitioner- Balu Singh S/o Jalam Singh Chundawat Rajput, arrested in connection with F.I.R. No.05/2023, registered at Police Station CBN Chittorgarh, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial. 10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same.