IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 19th day of July 2005 Criminal Misc. Bail application No. 258/ 2005 Order on the bail application of accused CRIMINAL SIDE Kuldeep Singh S/o Khajan Singh R/o Veeru Nagla, P.S. Kichha District U.S. Nagar ….…. Applicant. Versus State of Uttaranchal ….Opposite Party Arising out of Case Crime No. 330 of 2005 U/s 18/20 NDPS Act P.S. Kichha District - U.S. Nagar _________________________________________________________ Hon’ble J.C.S Rawat, J. Heard Smt. Pushpa Joshi learned counsel for the applicant and learned A.G.A. for the State. Perused the record. The learned counsel for the applicant contended that 250 gram of 'Smack' was recovered from the possession of the applicant and out of which 20 gram of 'Smack' was sent to the chemical examiner. As per the chemical analysis report, only 9 gram of 'Heroine' was found out of 20 gram of 'Smack', which was taken for chemical analysis. The learned counsel for the applicant contended that if the measurement was not correct the presumption should be drawn in favour of the applicant. The learned counsel for the applicant further contended that even if the measurement is correct, the recovered quantity of 'Heroine' does not come within the purview of 'Commercial Quantity'. The applicant has no criminal history. Considering the facts and totality of the circumstances of the case, it is a fit case for bail. Let the applicants-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 19.07.2005 LSR