IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 16th April, 2009 Criminal Second Bail Application No.26 of 2009 Order on the bail application of accused CRIMINAL SIDE Pushkar Singh S/o Sri Kaur Singh. … Applicant Versus State of Uttarakhand … OppositeParty Arising out of Case Crime No. 11/2009. Under Sections: 8/20 N.D.P.S Act. Thana Kotwali, Uttarkashi, District Uttarkashi. Hon’ble J.C. S. Rawat, J. This is the second bail application of the accused applicant. The first bail application of the accused applicant was dismissed on 31.03.2009 for default of appearance. Heard Mr. Mangal Singh Chauhan, Advocate for the applicant, Mr. B.S. Parihar, Brief Holder for the State & also perused the record. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R and the furd recovery; it has been alleged in the furd recovery that the recovered ‘charas’ was weighed at the spot and it was found approximately 1 kg in weight whereas contrary to it the statement recorded u/s 161 Cr.P.C, it was stated that the contraband ‘charas’ was 1 kg in weight; the fact that 1 kg ‘charas’ is a commercial quantity and if it is less than 1 kg, it is below the commercial quantity; the view taken by this Court in in BA1 No. 1428/2007 (Baldev Singh Vs. State of Uttarakhand) on 09.09.2008; and having regard to the facts & circumstances of the case, it is a fit case for bail. Let the accused/applicant Pushkar Singh be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 16.04.2009 V.K