HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 24th December, 2010 1st Bail Application No. 1038 of 2010 Order on the bail application of the accused. Balbir Chand S/o Bhagwan Das ……. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No./ F.I.R. No. 471A of 2010 U/S 08/20, N.D.P.S. Act Police Station Haldwani District Nainital Hon’ble Tarun Agarwala, J. Heard Shri R.P. Nautiyal, the learned counsel for the applicant and Shri B.S. Parihar, the learned Brief Holder for the State. Counter affidavit filed today is taken on record. The co-accused has already been enlarged on bail by the court below. The applicant has also a similar role and the only distinguishing factor that the quantity of the contraband goods was more in his possession. It is alleged that the quantity was not weighed either on the spot or at the police station and only an approximation has been done which is in violation of Section 52-A of the N.D.P.S. Act. In view of the aforesaid, without commenting any further on the merits of the case, the applicant deserves to be enlarged on bail at this stage. Let the applicant be enlarged on bail in Case Crime No./ F.I.R. No. 471A of 2010, U/S 08/20, N.D.P.S. Act, on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned. (Tarun Agarwala, J.) Dated 24.12.2010 Shiv