IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.304 of 2010 Order on the Bail application of accused CRIMINAL SIDE Sartaz S/o Mastan ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.65 of 2009, U/s 18/20 NDPS Act, P.S. Kathgodam, Distt. Nainital Dated: March 12, 2010 Hon’ble Dharam Veer, J. Heard Sri S.K. Mandal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 16.11.2009, about two kilograms of opium was said to be recovered from the possession of the applicant/accused. Learned counsel for the applicant submitted that the commercial quantity of opium is 2.5 kilograms while the opium recovered from the possession of the present applicant is only 2 kilograms which is less than the commercial quantity. Lastly, he is in jail since 16.11.2009 and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Sartaz be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, Narcotics Drugs & Psychotropic Substances Act, 1985, Distt. Nainital. The bail application is allowed accordingly. (Dharam Veer, J.) 12.03.2010 Rajeev Dang