IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of September, 2009 First Bail Application No. 668 of 2009 Criminal Side Nain Ram S/o Sri Shiv Ram R/o Falhadiya Panthagaun P.S. Baluwakot District Pithoragarh. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 310 of 2008 Under Sections: 20/22 N.D.P.S. Act. P.S.: Baluwakot District: Pithoragarh. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Lokendra Dobhal, Advocate for the applicant and Shri B.S. Parihar, Brief Holder for the State. Applicant-Nain Ram, who is in jail in connection with case crime No. 310 of 2008, relating to offence punishable under Section 20/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S.: Baluwakot, District-Pithoragarh, has sought his release on bail. Learned counsel for the applicant submitted that the allegedly recovered quantity of charas is 1.5 Kg. The minimum commercial quantity under the law is 1Kg. Learned counsel for the State concedes that the applicant has no criminal history. The applicant is in jail for more than eight months. Learned counsel for the applicant further submitted that applicant is innocent, and has been falsely implicated. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Nain Ram, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Pithoragarh. Dt. 04.09.2009 (Prafulla C. Pant, J.) S