IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th Day of April, 2008 Criminal Second Bail application no. 341 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Mobin S/o Jameel Ahmad, R/o village Lalpur, P.S. Kichha, District Udham Singh Nagar. … Applicant Versus State of Uttaranchal … Opposite party Arising out of case crime no. 2358/2006 U.S. 18/20 N.D.P.S. Act, Police Station- Kichha, District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant/ accused and Smt. Mamta Bisht, learned A.G.A. for the State. This is the second bail application moved by the applicant. The first bail application was dismissed as not press on 18.08.2007. The prosecution case, in brief, is that on 03.12.2006 at about 01:30 p.m. in front of the Jaipriya Hotel within Police Station Kichha, District Udham Singh Nagar 2 Kg. of CHARAS was said to have been recovered from the possession of the applicant/accused. First Information Report was lodged on the same day i.e. on 03.12.2006 at 4:00 p.m. by SI Suresh Singh Rathor in the Police Station Kichha, District Udham Singh Nagar. Learned counsel for the applicant/accused has submitted that the applicant is in jail since 03.12.2006 moreover the trial of the case has yet not been started. Learned counsel for the accused/applicant has requested for expeditious decision of the trial. Learned A.G.A. has submitted that 2 Kg. of CHARAS is a commercial quantity and as per Sub Section (1)(b) (ii) of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for the offences involving commercial quantity no person shall be released on bail unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. After considering all the facts and circumstances of the case, the court is of the view that the applicant does not deserve bail at this stage. The bail application is accordingly rejected. However the Trial Court is directed to hear the trial and decide the same expeditiously. (Dharam Veer, J.) NCM: