R.C. Kathuria, J.

1. Rajbir, petitioner-accused seeks bail in case bearing FIR No.6 dated 12.1.2002 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the) with Police Station Kharkhoda, District Sonepat.

2. As per prosecution allegation, recovery of 120 grams of charas was made from the possession of the accused on 12.1.2002 in the area of village Khanda by Satbir Singh ASI in the presence of other police officials. After the completion of investigation, challan has been put in the Court.

3. Counsel representing the petitioner-accused, while pressing for his bail has submitted before me that recovery made is not of a commercial quantity in terms of the notification dated 19.10.2001 issued by the Central Government and the petitioner-accused has been in custody for the last four months.

The factual position is not disputed by the State Counsel. The limitation laid down under Section 37 of thewill not be applicable under the circumstances of the case.

Taking into account the period of conviction of the petitioner-accused and the totality of the circumstances on record the bail application is accepted. It is directed that the petitioner shall be admitted to bail by the trial Judge/CJM, Sonepat on his furnishing bail bonds to his satisfaction.