HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 6th April, 2011 1st Bail Application No. 1113 of 2010 Order on the bail application of the accused. Abdul Shakoor S/o Mohd. Ismail ……. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 3 of 2010 U/S 8/20 N.D.P.S. Act Police Station Mukteshwar District Nainital Hon’ble Tarun Agarwala, J. Heard Mr. Atul Bhatt, the learned counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State. The F.I.R. indicates seizure of contraband goods under the N.D.P.S. Act beyond the permissible limit. The F.I.R. indicates that the applicant was indicated his right to be searched before the Magistrate concerned to which the applicant has stated that he does not wish to do so and that the police personnel can make the search and, on that basis, the contraband goods were seized. In the opinion of the Court, this is a clear violation of the Section 50 of the N.D.P.S. Act which statutorily requires the search party to produce the applicant before the Magistrate concerned and get the contraband searched and then weighed which the court finds lacking. In the light of the decision of this Court in Radhey Singh Vs. State of Uttarakhand in 1st Bail Application No.1019 of 2010 decided on 16th December, 2010 and Baldev Singh Vs. State of Uttarakhand, U.D. 2008 (2) 456, the applicant deserves to be enlarged on bail at this stage. Let the applicant be enlarged on bail in F.I.R. No. 3 of 2010, U/S 8/20 N.D.P.S. Act, on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Special Judge, N.D.P.S. Act. (Tarun Agarwala, J.) Dated 06.04.2011 Shiv