HIGH COURT OF UTTARANCHAL AT NAINITAL Bail Application No. 1131 of 2006 CRIMINAL SIDE Sakhwat @ Sadakat s/o Ameer Ahmad Mohalla Saria, P.S. & Kasba Fateshganj West, District Bareilly (U.P.) ….Accused/Applicant Versus State of Uttaranchal ……… Opposite Party ___________________________________________ Case Crime No. 1022 of 2006 Under Section 20/22 N.D.P.S. Act, P.S. Kichha, District Udham Singh Nagar. __________________________________________________________________ Dated: 19.12.2006 By the Court Hon’ble Rajesh Tandon, J. Heard Sri A.S. Gill, Advocate for the applicant and the A.G.A. for the prosecution. The applicant has applied for bail in case crime No. 1022 of 2006, for the offences punishable under sections 20/22 N.D.P.S. Act. P.S. Kichha, District Udham Singh Nagar. According to the prosecution case 500 grm. Smack was recovered from the possession of the applicant by the Police on 12.6.2006. F.I.R. to this effect was lodged in P.S. Kichha on the same day at 7.30 PM. He has submitted that it is not a commercial quantity. Counsel for the applicant has submitted that the police has not made compliance of the provisions of Section 50 of the N.D.P.S. Act. The recovery was not got attested by any public witness although the recovery is said to have been made on the public place. Apart from that the F.I.R. shows that 10 gms. of recovered article is being sent for analysis whereas the record shows that 5 mg. recovered article was sent for analysis. The counsel for the applicant has referred the case of Rajesh Jagdamba Avasthi vs. State of Goa, 2005 SAR (Criminal) 50, where the contraband charas was found deficient in weight and the Apex Court has set aside the conviction on this ground. Without expressing anything on the merit of the case, I am of the opinion that it is a fit case for bail. Let the accused applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Rajesh Tandon, J. Dated: 19.12.06 *Dhyani