7 As per the record, the samples were drawn in presence of the magistrate and thereafter, same were sent to FSL. So far as the argument of the counsel for the petitioner regarding period of incarceration of the petitioner is concerned, this Court is of the considered opinion that period of custody cannot be a sole ground to release the petitioner on bail more particularly when huge quantity of contraband was allegedly recovered from the petitioner. As per the prosecution case, initially, contraband opium weighing 6.625 Kgs. was recovered from the possession of the petitioner and during investigation, an additional contraband opium weighing 1.55 Kgs. was also recovered from the house of the petitioner, which indicates involvement of the petitioner in drug trafficking activities. Thus, prima facie, the conditions of Section 37 of the NDPS Act are not satisfied in the instant case and hence, considering the rigour of Section 37 of the NDPS Act, but without commenting anything on the merits of the case, I am not inclined to accept the instant bail application, filed on behalf of the petitioner. Accordingly, this second bail application is dismissed.
