RAM KAILASH JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant has made a request for bail for offence under S. 18/20 N.D.P.S. Act in crime No. 184 of 2000, police station Kotwali, district Allahabad.

(2.) I have heard Sri V. P. Srivastava, learned counsel for the applicant and the learned A.G.A.

(3.) According to the case of the prosecutionon 17-8-2000 the Eicher Truck No. UP-40-A/5949 was searched and 10Kg. of ganja and 30 Kg. of bhang were recovered. Regarding the bhang it has been alleged that the applicant was agent of the contractor of bhang, Sri Vinay Nath Tripathi and was transporting the same in accordance with his instructions. Regarding the ganja it is contended that there is no compliance of the provisions of S. 50 of N.D.P.S. Act in so far as the applicant was not given the opinion of being searched before the Magistrate or Gazetted Officer. It is argued that therefore, the applicant is entitled to bail.