IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.298 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Abdul Aziz S/o Abdul Karim R/o Village Sauda, P.S. Kundrki, District Moradabad (U.P.) ..….Applicant (In Jail) State of Uttarakhand Versus …….Opposite party Dated: April 1, 2010 Arising out of FIR No.65-A of 2009 Under Section 18/20 of N.D.P.S. Act P.S. Kathgodam, District Nainital Hon’ble Dharam Veer, J. Heard Sri S.K. Mandal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Additional G.A. for the State and also perused the record. Urgency Application No.1231 of 2010 is allowed. In brief, the prosecution case is that on 16.11.2009, about 1 Kg and 800 grams of opium was said to be recovered from the possession of the applicant/accused. Learned counsel for the applicant submitted that the commercial quantity of opium is 2.5 kilograms while the opium recovered from the possession of the present applicant is only 1 kg and 800 grams which is less than the commercial quantity. It is pleaded that the applicant has no previous criminal history and he is in jail since 16.11.2009. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Abdul Aziz be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of Special Judge, N.D.P.S. Act, 1985, District Nainital. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.04.2010 RG