IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.282 of 2010 Order on the Bail application of accused CRIMINAL SIDE Vishwa Kumar @ Pappu S/o Fakeer Chand ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.59 of 2009, U/s 18/20 NDPS Act, Kotwali Vikas Nagar, Distt. Dehradun Dated: March 9, 2010 Hon’ble Dharam Veer, J. Heard Sri Dependra Singh Patni, Adv. i/b Sri Ramji Srivastava, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 5.3.2009, 1 kilogram and 10 grams of Charas was recovered from the possession of the applicant. Learned counsel for the applicant submitted that he has been falsely implicated in this case. On the contrary, learned brief holder argued that the recovery was made from the applicant and the provisions of the NDPS Act were complied with. Further, the applicant has a criminal history of following cases: - 1. Case Crime No.65 of 2002 u/s 60 Excise Act 2. Case Crime No.105 of 2003 u/s 60 Excise Act 3. Case Crime No.22 of 2007 u/s 8/20 NDPS Act It was further argued by learned brief holder that in the above-said case of NDPS Act, the applicant was on bail. But being on bail, he is still involved in doing the same work of illegal trafficking of contraband articles. He further submitted that in view of the fact that the applicant is again doing the same illegal trafficking of contraband articles, therefore, as per the provisions of Section 37(1)(b) of NDPS Act, the applicant is not entitled for bail. After considering all the facts and circumstances, considering the fact that the applicant has a criminal history and he has again doing the illegal act, I am of the view that the applicant is not entitled for bail at this stage. The bail application is thus rejected. 09.03.2010 Rajeev Dang (Dharam Veer, J.)