IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of March, 2010 Ist Bail Application No. 283 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Naveen Kumar Agarwal .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 356/2010, U/s 8/18 of NDPS Act, PS Muni-ki-Reti, District Tehri Garhwal. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Mr. B.S. Parihar, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that only 30 gm of heroin has been shown to be recovered from the possession of the accused applicant on 9.2.2010 and the commercial quantity of heroin is 250 gm and thus the quantity of heroin shown to be recovered from the possession of the accused applicant is less than the commercial quantity. He also submitted that the accused applicant is in jail since 9.2.2010 and trial is yet to begin. 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 Naveen Kumar Agarwal be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Special Judge/Sessions Judge, NDPS Act, Tehri Garhwal. Bail application is allowed accordingly. (Dharam Veer, J.) 10.3.2010 PRABODH