HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th March, 2011 3rd Bail Application No. 35 of 2010 Order on the bail application of the accused. Rajesh Prasad @ Pappu S/o Shri Ram Kishan Shukla ……. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No. 02 of 2010 U/S 8/20 N.D.P.S. Act Police Station Kotwali District Uttarkashi Hon’ble Tarun Agarwala, J. Heard Shri Vinod Sharma, the learned counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State. The 1st Bail Application was rejected by an order dated 22nd June, 2010 on merit and the 2nd Bail Application was rejected by an order dated 13th October, 2010. This is a 3rd Bail Application. The learned counsel for the applicant submitted that there are no independent witnesses and that there has been non-compliance of Section 55 of the N.D.P.S. Act, namely, that this contraband was not produced before the police station nor kept in safe custody. Upon a perusal of the earlier order of the Court and upon a perusal of the F.I.R., the Court finds that no substantial new grounds have come up which requires re-consideration of the bail application of the applicant. Further, the Court finds that the applicant was involved in similar case of being caught with contraband goods and, consequently, in view of the Section 37 of the N.D.P.S. Act, this court is of the opinion that the applicant is not entitled to be enlarged on bail. The bail application is rejected again. (Tarun Agarwala, J.) Dated 16.03.2011 Shiv