IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 20th December, 2010 Order on the bail application of accused First Bail Application No. 980 of 2010 CRIMINAL SIDE Vinod Kumar S/o Har Khyal Singh Resident of Vill- Mukandpur, P.S. Chaprauli, District Baghpat (U.P.) …Applicant Versus State of Uttarakhand … Opposite Party Arising out of F.I.R. No. 31/2010 Under Section 8/20 NDPS Act P.S. Pulora District Uttarkashi Hon’ble Tarun Agarwala, J. Heard Mr. D.K. Sharma, the learned counsel for the applicant and Mr. Amit Bhatt, the learned Addl. G. A. for the State. From a perusal of the First Information Report, it transpires that the police force accosted the applicant and upon a search, found 1 Kg. of Charas in his possession. The First Information Report indicates that the contraband goods were weighed on the spot and that a sample was also taken and kept in another sealed cover. The Court finds that even though the goods so seized was weighed on the spot, the rights of the applicant was not intimated by the police nor was he searched in the presence of a Magistrate nor the inventory so prepared was placed before the Magistrate concerned for verification, nor an application was made seeking permission to take a sample, to weigh and send it for chemical analysis. These are the mandatory requirements contemplated under Sections 50 and 52A of the NDPS Act, which the Court finds to be lacking in the present case coupled with the facts that there are no witnesses. In the light of the aforesaid, without commenting any further on the merits of the case, the Court is of the opinion that the applicant is entitled to be enlarged on bail at this stage. Consequently, the bail application is allowed. Let the accused-applicant Vinod Kumar be released on bail in connection with F.I.R. No. 31/2010, under Section 8/20 NDPS Act, P.S. 2 Pulora, District Uttarkashi, on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 20.12.2010 SP