IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 22nd day February 2008 Criminal First Bail application no. 103 of 2008 Order on the Bail application of accused person. CRIMINAL SIDE Tajdeen @ Taj S/o Sri Asagar Ali, R/o village Tealivala, P.O. Doiwala, Police Station Doiwala, District Dehradun. … Applicant/appellant Versus State of Uttaranchal … Opposite party Arising out of case crime no. 219/2007 U/Ss, 8/20 N.D.P.S. Act. Police Station- Sahaspur, District Dehradun. Hon’ble Dharam Veer, J. Heard Sri Kunwar N.S. Rautela, learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State and perused the record. The prosecution case, in brief, is that 01.12.2007 at 2:50 p.m. about 1 Kg. of CHARAS was said to be recovered from the possession of the accused near form Asan bridge village Dharmawala, Police Station Sahaspur, district Dehradun. Learned counsel for the applicant has submitted that commercial quantity of the CHARAS is 1kg. It is further submitted that though in the recovery memo about 1Kg. of CHARAS is mentioned which is said to be recovered, but it may be lesser than 1Kg. and exact quantity of CHARAS has not been mentioned in the recovery memo. It is further submitted that the applicant has not got any criminal history in connection with the N.D.P.S. Act cases and he has never challanned in regard to the N.D.P.S. Act cases. It is vehemently submitted that though the recovery has been shown at the public place but no public eyewitness is shown in the recovery memo. Lastly, it is further submitted that the applicant/accused is in jail since 1.12.2007 and trial of the case has not yet been started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Tajdeen @ Taj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge (N.D.P.S. Act), Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) February 22, 2008: NCM: