IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of September, 2011 First Bail Application No. 614 of 2011 Criminal Side Abdul Hamid S/o Abdul Mazid R/o at present near Masjid Gothia P.S. Khatima, District Udham Singh Nagar Permanent address Mohalla Babujai P.S. Sadar, Thana Shahjahanpur U.P. ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 22 of 2011 Under Section: 8/20 Narcotic Drugs & Psychotropic Substances Act P.S. Banbasa District Champawat ________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. A.K. Shah, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Applicant- Abdul Hamid who is in jail in connection with crime no. 22 of 2011, relating to offence punishable under section 8/20 Narcotic Drugs & Psychotropic Substances Act, 1985, Police Station Banbasa, District Champawat, has sought his release -2- on bail. Heard learned counsel for the parties. Quantity of 1.950 kg (less than 2 kgs) of charas is said to have been recovered from the possession of the applicant. Learned counsel for the applicant submitted that there is no public witness of the recovery. It is also pleaded that applicant has no criminal history. It is further submitted that applicant is an old man, and implicated falsely. Learned counsel for the State pleaded that the quantity of recovered charas is more than minimum Commercial Quantity i.e. One kg. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Abdul Hamid be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of court concerned. (Prafulla C. Pant, J.) Parul 07.09.2011