IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal II Bail Application No.133 of 2010 Order on the Bail application of accused CRIMINAL SIDE Mohd. Sahanwaz @ Shanu …….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.171 of 2010, U/s 18/20 NDPS Act, PS Kichha, Distt. US Nagar Dated: October 8, 2010 Hon’ble Dharam Veer, J. Heard Sri RS Sammal and Sri MK Ray, learned counsel for the applicant and Sri Amit Bhatt, Addl. GA for the State. Learned counsel for the applicant argued that on 24.7.10, about 52 kilograms of poppy straw was said to be recovered from the possession of the applicant/accused. He further submitted that the commercial quantity of the recovered contraband is fifty kilograms while the recovery made is about 52 kilograms. He further submitted that the recovered contraband was not weighed on the spot and it may be less than even 50 kilograms also. Lastly, he has got no previous criminal history and the trial yet not been started. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, Narcotics Drugs & Psychotropic Substances Act, 1985, Distt. US Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) October 8, 2010 Rajeev Dang