HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 18th September, 2008 First Bail Application No. 584 2008 Order on the bail application of the accused. Viky @ Jitendra Gupta …Applicant Versus State of Uttarakhand ….Opposite Party Case Crime No. 5076 of 2008 U/s 8/20 N.D. P.S. Act Police Station Haldwani, District – Nainital Hon’ble J.C.S. Rawat, J. Heard Mr. U.K. Uniyal, Senior Advocate assisted by Mr. Sandep Kothari, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Learned counsel for the accused/applicant contended that the police at the time of search and seizure has not weighed the contraband recovered from the possession of the accused/applicant as well as the representative sample which was sent to the F.S.L. for chemical examination; the recovery has been shown as 1.250 kg. Of charas; the representative sample which was sent to the F.S.L. was found 62.40 grams instead of 100 grams; and if this fact is taken into consideration of the weight which was found at the F.S.L., the total contraband comes below the commercial quantity. It was further contended that the quantity recovered from the possession of the accused/applicant is just a marginal quantity. The learned Counsel for the accused/applicant relied upon the judgment of this Court in the case of Baldev Singh Vs. State of Uttrakhand delivered in First Bail Application No. 1428 of 2007 on 09//09/2008. Considering the facts and circumstances of the case and contentions of the learned counsel for the parties, I find that it is a fit case for bail. Let the accused/applicant Viky @ Jitendra Gupta be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 18.09.2008 Shiv