IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 27th day of August, 2008 First Bail Application No. 91 of 2008 Criminal Side Ishrat Ali S/o Hazi Mohd. Yusuf. .........… Applicant Versus State of Uttarakhand ..........… Opposite Party Arising out of Crime No. 2934 of 2007 Under Sections: 8/20 N.D.P.S. Act P.S.: Bazpur District: Udham Singh Nagar. Hon’ ble V.K. Gupta, C.J. Smt. Pushpa Joshi, Advocate for the applicant / petitioner and Mr. Nandan Arya, learned Asst. Government Advocate appearing for the respondent State. 2. It is the admitted case of the prosecution before this Court in this Bail Applicatiaon that the contraband seized was not weighed. According to the prosecution, as per the statement of the accused / petitioner, it was 2 Kilograms. Whether the accused stated so or not, is not borne out from the record. Notwithstanding the fact whether the accused stated that the contraband was weighing 2 Kilograms, the statutory obligation upon the Police always is to actually weigh the contraband and not depend upon the uncorroborated and unverified oral statement of the accused. 3. This Court has noticed in the past also in several cases that the State machinery does not weigh the contraband and makes statements in the Court about the weight of the contraband linked with the statement of accused allegedly made at the time of seizure. Not weighing the contraband is very fatal to the interests of the prosecution as well as it casts strong doubts about the veracity of the prosecution story in the Court. 4. Because the contraband has not been weighed and because the stand taken by the prosecution is not trustworthy and looking to other relevant aspects of the case, I allow this Bail Application and direct that the petitioner shall be released on bail on his executing a bail bond with two sureties, each in the like amount to the satisfaction of C.J.M., Udham Singh Nagar. 5. A copy of this order shall be sent to D.G.P. Uttarakhand for his information. (V.K. Gupta, C.J.) 27.08.2008 G