IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of March, 2010 Ist Bail Application No. 238 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ganga Ram .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 3140/2009, U/s 8/20 of NDPS Act, PS Kotdwar, District Pauri Garhwal. _______________________________________________________________ March 18, 2010 HON’BLE DHARAM VEER, J. Mr. Kurban Ali, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that 125 gm charas is shown to be recovered from the possession of the accused applicant on 27.12.2009 and the commercial quantity of charas is one kg and thus the quantity shown to be recovered from the possession of the applicant is less than the commercial quantity. He further submitted that the applicant has got no previous criminal history and he has been falsely implicated in this case and he is in jail since 27.12.2009. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Ganga Ram be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Sessions Judge/ Special Judge, NDPS Act, Pauri Garhwal. Bail application is allowed accordingly. (Dharam Veer, J.) 18.3.2010 PRABODH 2