IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application NO. 864 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Bhopal Singh @ Bablu S/o Jagdish, R/o Vill. Purwala, P.S. Laksar, District Hardwar ….....Applicant (In Jail) Versus State of Uttarakhand ------Opposite party Arising out of Case Crime No. 262 of 2008. U/s 8/20 Narcotics Drugs & Psychotropic Substances Act, P.S. Ranipur, Distt. Hardwar Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, Adv. holding brief of Sri Nagesh Aggarwal, Adv. for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 23.7.2008 at 3:40 P.M., 850 grams of Charas was said to have been recovered from the possession of the applicant and with the same averments the FIR was lodged by SHO M.S. Rawat on 23.7.2008 at 5:20 P.M. at P.S. Ranipur, Distt. Hardwar. Learned counsel for the applicant submitted that 850 grams of Charas has been shown to be recovered from the possession of applicant/accused which is below the commercial quantity as the commercial quantity of Charas as prescribed under the Narcotics Drugs & Psychotropic Substances Act, 1985 is one kilogram. He further submitted that the applicant has got no criminal history before this case and he is in jail since 23.7.2008 and the trial has yet not been started. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Bhopal Singh @ Bablu be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, NDPS Act, Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 03.10.2008 Rajeev Dang