IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 2nd Bail Application No. 109 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Imran .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 318/2007, U/s 8/20 of NDPS Act, PS Kotwali Sadar, District Dehradun. August 5, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Rajeev Sharma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. First bail application of the applicant was dismissed for want of prosecution vide order dated 23.10.2007 passed by this Court. Hence, the second bail application has been moved on his behalf. The prosecution case, in brief, is that on 31.7.2007 at 12.50 pm, the accused applicant was arrested along with the co-accused Tejpal and Faheem by the police, however one co-accused Shamim ran away from the spot. Thereafter two kilogram charas was recovered from the possession of the accused applicant and two kilogram charas was also recovered from the possession of the co-accused Faheem. 300 gram charas was recovered from the possession of another co- accused Tejpal, who told the police that he had purchased the said charas from the accused applicant and the other co-accused. The recovered charas was weighted on the spot by the arresting police party. Thereafter FIR of this incident was immediately lodged at 3.10 pm on the same day. Opposing the bail application of the accused applicant, learned Addl. GA for the State argued that commercial quantity is one kilogram, but two kilogram charas has been recovered from the accused applicant 2 and if he would be released on bail, then he may misuse the liberty of bail and he may again commit the same crime. He further submitted that as per the provisions contained under Section 37(1)(b) of the NDPS Act, the accused applicant is not entitled for bail. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case under Section 8/20 of the NDPS Act is made out against the accused applicant, who was caught by the police and two kilogram charas was recovered from him. Hence, I do not find any ground to release the accused applicant on bail at this stage. Hence, bail application is accordingly rejected. However, trial court is directed to expedite the trial of the case. (Dharam Veer, J.) 5.8.2010 PRABODH