HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th March, 2008 1st Bail Application No. 208 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Mohd. Harun @ Harun Khan S/o Sabir Khan R/o Village Akbarpur, P.S. Kanth District Moradabad ….….. Applicant Versus State of Uttarakhand ……….. Opposite Party Case Crime No. 318 of 2008 U/s 8/18 N.D.P.S. Act, Police Station Ramnagar District – Nainital Hon’ble J.C.S. Rawat, J. Heard Mr. Mohd. Azim, Advocate for the applicant; Sri B.S. Parihar, Brief Holder for the state; and perused the record. It was contended that 50 gram powder of heroine was recovered from the possession of the accused-applicant which is a small quantity. It was further contended that weight of 27 packet so recovered from the accused- applicant have not been taken by the Investigating Officer. In absence of this, it cannot be said that the quantity was beyond 250 grams or it was a commercial quantity. From the fact, there are reasonable grounds for believing that the accused-applicant is not guilty of such offence and that he is not likely to commit any such offence while on bail. Considering the facts and circumstances of the case in totality, it is a fit case for bail. Let the applicant-accused Mohd. Harun @ Harun Khan be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 10.03.2008 Shiv