HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 10th March, 2011 1st Bail Application No. 1137 of 2010 Order on the bail application of the accused. Yogesh Kumar Valmiki S/o Sri Murari Lal ……. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No.122 of 2010 U/S 8/22 of N.D.P.S. Act, Police Station Khatima District Udham Singh Nagar Hon’ble Tarun Agarwala, J. Heard Shri M.K. Ray, Advocate for the applicant Shri S.S. Adhikari, A.G.A. for the State. A perusal of the F.I.R. indicates that 300 grams of smack, which is more than the commercial quantity, was recovered from the possession of the applicant. The recovery was not made in the presence of any public witness nor the provision of Section 50 of the N.D.P.S. Act has apparently been complied with. It is also alleged that the applicant has no criminal history and he is languishing in jail for the last 7 months. Considering the aforesaid facts, the court is of the opinion that the applicant is entitled to be enlarged on bail. Let the applicant be enlarged on bail in F.I.R. No.122 of 2010, U/S 8/22 of N.D.P.S. Act, on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Special Judge, N.D.P.S. Act. (Tarun Agarwala, J.) Dated 10.03.2011 Shiv