IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 5th May, 2011 Order on the bail application of accused 1st Bail Application No. 215 of 2011 CRIMINAL SIDE Ramesh Kumar S/o Sri Avtar Singh Dhiman R/o Village Bayala, Tehsil Tyuni, P.S. Chakrata District Dehradun …Applicant Versus State of Uttarakhand …Opposite Party Arising out of Case Crime No. 367/10 Under Section 8 (C)/20 N.D.P.S. Act P.S. Vikas Nagar, District Dehradun Hon’ble Tarun Agarwala, J. Heard Mr. Sandeep Kothari, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned A.G.A. for the State. Considering the allegation levelled in the First Information Report and upon a perusal of the recovery memo, the Court is aghast that the mandatory provision of Sections 50 and 50-A of the N.D.P.S. Act has not been followed. This Court in Baldev Singh Vs. State of Uttarakhand, U.D. 2008 (2) 456, has clearly issued certain directions to the State Government to ensure that the mandatory provisions are followed by the police, in spite of which, the applicant is caught and an arrest memo is made in gross violation of the provisions of the Act. In the present case, the Court finds that the applicant was not searched in the presence of any independent witness or in the presence of the Magistrate nor the recovery memo was made in the presence of an independent witness nor was the contraband goods weighed in the presence of the Magistrate concerned. Even the sample taken was not done before the Magistrate concerned. In the light of the aforesaid, the Court is of the opinion that the applicant is entitled to be enlarged on bail subject to deposit a sum of Rs.10,000/- (ten thousand) and furnishing two sureties each in the like amount to the satisfaction of the Magistrate concerned. The bail application is allowed. Let the applicant be released on bail in connection with Case Crime No. 367/10, under Section 8 (C)/20 N.D.P.S. Act, P.S. Vikas Nagar, District Dehradun, subject to deposit a 2 sum of Rs.10,000/- (ten thousand) and furnishing two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 05.05.2011 SP