HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 15th October, 2008 Bail Application NO. 519 of 2008 Order on the bail application of the accused. Dharampal Singh ….. Applicants Verus State of Uttarakhand …. Opposite Party Case Crime No. 175 of 2008 U/s 8/18//20 N.D.P.S. Act, Police Station Aanakpur District Champawat Hon’ ble J.C.S. Rawat, J. Heard Mrs. Pushpa Joshi, Advoacte for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Learned counsel for the applicant contended that 20 Kgs. Charas have been recovered from the possession of the accused/applicant. The leaned counsel for the applicant further contended that the first chemical examination report which was obtained from Dehradun found no contents of the charkas in the said report. The State has sent the representative sample of the seized charas to the Forensic Science laboratory, Delhi and the result has been filed alongwith the supplementary affidavit which discloses that the said article was charas. Thus, there are to contradictory reports of the two laboratories. The learned counsel for the applicant further pointed out that under the standing order issued by the Central Govt. on 24th May, 1989 in clause III, the sample cane be sent to the respective State though it has been sent to Delhi. Considering the facts and circumstances of the case in totality; contentions of the learned counsel for the parties; and two contradictory reports of the Chemical Examiner-one from Dehradun and other from Delhi, I find that it is fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of magistrate concerned. (J.C.S. Rawat, J.) Dated 15.10.2008 Shiv