IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of June, 2010 Ist Bail Application No. 576 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Jafeer Alam .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party With Ist Bail Application No. 577 of 2010 CRIMINAL SIDE Sarjul Dawan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out Case Crime No. 09/2009 and 08/2009, Under Section 18/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) PS Gangnahar, District Haridwar _______________________________________________________________ June 15, 2010 HON’BLE DHARAM VEER, J. Since both these bail applications pertain to the same crime, hence they are being decided by this common order. Heard Mr. Vivek Shukla, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State. The prosecution case, in brief, is that on 11.1.2009 at 2 pm, the accused applicants were arrested by the police at railway station chungi tiraha within the PS Gangnahar and from possession of each of the accused applicants 2.5 kg charas was recovered. The recovered charas was weighted on the spot by the arresting police party. Recovery was made at 2 pm on 11.1.2009 and the FIR was lodged on the same day at 4.30 pm. Opposing the bail applications of the accused applicants, learned Addl. GA for the State argued that commercial quantity is one kilogram, but 2.5 kg charas was recovered from each of the accused applicants and if they would be released on bail, they may again commit the same crime. He further submitted that as per the provisions contained under Section 37(1)(b) of the NDPS Act, the accused applicants are not entitled for bail. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case under Section 18/20 of the NDPS Act is made out against the accused applicants, who were caught by the police and 2.5 kg charas was recovered from each of the applicants. Hence, I do not find any ground to release the accused applicants on bail. Both these bail applications are accordingly rejected. (Dharam Veer, J.) 15.6.2010 PRABODH 2