IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.726 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Gurucharan @ Munna S/o Subhash R/o Flat No.326, Mohalla, Chandrashekhar Nagar, P.S. Rishikesh, District Dehradun, ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: July 30, 2010 Arising out of Case Crime No.575 of 2010 Under Section 8/18 of N.D.P.S. Act P.S. Muni-ki-Reti, Kumbh Mela, District Tehri Garhwal Hon’ble Dharam Veer, J. Heard Mr. Ramji Srivastava, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. As per the prosecution case, 55 gms. of Heroin was recovered from the possession of the present applicant on 11.3.2010. Learned counsel for the applicant/accused argued that the recovery shown from the applicant is less than commercial quantity and as such the applicant is entitled for bail. Contrary to this, learned Addl. GA has submitted that besides the present case, 27 other criminal cases are also pending against the applicant, out of which, 10 cases are of N.D.P.S. Act. He further submitted that the applicant is habitual criminal and he was on bail in connection with the previous cases but he misused the liberty of bail given to him and now there is no ground to believe that the applicant shall not commit any offence on bail. Hence, he submitted that the applicant is not entitled for bail as per Section 37(1)(b)(ii) of the Narcotics Drugs & Psychotropic Substances Act, 1985. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and especially considering the criminal history of the applicant, no case for bail is made out. The bail application is rejected accordingly. (Dharam Veer, J.) 30.07.2010 RG