IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 11th day of January 2008 Criminal Bail Application No. 1420 of 2007 Order on the Bail application of accused. CRIMINAL SIDE Daljeet Singh S/o Gurmeet Singh R/o Vill. Mukrampur, P.S. Vilaspur, Rampur, Distt, Rampur (UP) Applicant (in Jail) Versus State of Uttarakhand ----------- Opposite party _____________________________________________________ Arising out of case Crime No. 6855 of 2007, U/Ss 8/21 of NDPS Act, P.S. Yatayat Nagar, Haldwani, Distt. Nainital Hon'ble Dharam Veer, J. Heard Sri U.K. Uniyal, Sr. Advocate assisted by Sri Sobhit Saharia, learned counsel for the applicant and Shri M.A. Khan, learned brief holder for the State. In brief, the prosecuting case is that on 24.10.2007 at 13.50 hours at Haldichaur Tiraha, P.S. Haldwani , from the possession of the applicant, 200 grams of Smack has been said to be recovered . For the same averments, the F.I.R. was lodged on 24.10.2007 at P.S. Yatayat Nagar, Haldwani, Distt. Nainital. Learned counsel for the applicant has submitted that in the recovery memo, no public witness has been shown. He further submitted that the commercial quantity of Smack is 250 grams and the recovery of 200 grams of Smack has been made from the possession of the applicant which is less than the commercial quantity. He further submitted that the applicant has got no criminal history and learned Addl. G.A. also could not show any criminal history of the applicant. He further submitted that the applicant is in jail since 24.10.2007 and the trial of the case has 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 applicant deserves bail at this stage. Let the applicant Daljeet Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge, NDPS Act, Nainital. The bail application is disposed of accordingly. (Dharam Veer,J.) January 11, 2008 Rajeev Dang