IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 02nd May, 2011 Order on the bail application of accused Ist Bail Application No.232 of 2011 CRIMINAL SIDE Mohd. Sahanwaz S/o Shri Mohd. Idrish … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No.09 of 2011 Under Sections 8/20 N.D.P.S. Act P.S. Shyampur District Haridwar Hon’ble Tarun Agarwala, J. Heard Mr. Lalit Tiwari, the learned counsel for the applicant and Mr. S. S. Adhikari, the learned A.G.A. for the State. The applicant has been arrested on account of the fact that 1.3 kilogram of Charas was recovered from his possession. On a perusal of the first information report and other averments made in the bail application and in the counter affidavit, the court finds that even though, the contraband goods was weighed on the spot, which was more than the commercial quantity, nonetheless, the court is of the opinion that the mandatory requirement of Sections 50 and 50-A of the N.D.P.S. Act has not been followed, namely, the applicant was not searched in the presence of the gazetted officer and there are no independent witnesses to corroborate the fact that the police recovered the contraband goods from the possession of the applicant and that the samples were also not sealed in the presence of the Magistrate, which has to be sent for chemical analysis. In the light of the aforesaid and without commenting anything further on the merit of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail. Consequently, the bail application is allowed. 2 Let the accused-applicant be released on bail in connection with Case Crime No.09/2011, Section 8/20 N.D.P.S. Act, P.S. Shyampur, District Haridwar on executing a personal bond and two sureties each to the satisfaction of the court concerned. (Tarun Agarwala, J.) Dated 02.05.2011 LSR