IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.594 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rajesh Prasad alias Pappu S/o Ram Kishan Shukla R/o Saptsarovar Road, Opposite Jain Mandir, Bhupatwala, Haridwar, Thana Kotwali Haridwar, District Haridwar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 22, 2010 ____________________________________________________________________ Arising out of Case Crime No.2/2010 Under Sections 8/20 of N.D.P.S. Act, 1985 ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Siddhartha Sah, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. In brief the prosecution case is that on 6.5.2010 at about 4:30 PM, 2 Kgs. of Charas was said to be recovered from the possession of the present applicant. Learned counsel for the applicant/accused argued that the recovery shown from the applicant is planted and he has falsely been implicated in the said crime. Contrary to this, learned Addl. Government Advocate submitted that the commercial quantity of Charas is 1 Kg. while in the present case, 2 Kgs. of Charas has been recovered from the possession of the present applicant, which is above commercial quantity. He further submitted that the applicant is habitual criminal and one case of similar nature is also pending against him in the court of Special Judge/N.D.P.S. Act. He further 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 considering the fact that the recovery made from the applicant is more than the commercial quantity and also the fact that the applicant has criminal history, no case for bail is made out. The bail application is rejected accordingly. (Dharam Veer, J.) 22.06.2010 RG