SANDEEP @ KULDEEP Vs. STATE OF U.P.

JUDGEMENT

(1.) This bail application has been filed to enlarge the applicant on bail in Case Crime No. 224 of 2019, under Sections 18/20 of Narcotic Drug and Psychotropic Substances Act,1985 1, Police Station Site-5, Greater Noida, District Gautambudh Nagar.

(2.) The FIR dated 31.8.2019 has been lodged against the applicant and two others alleging recovery of 150 Kg 'Ganja' in 30 bags from the vehicle in which the applicant was traveling.

(3.) A perusal of the FIR reveals that the first informant, the Station House Officer of P.S. Greater Noida was patrolling the area falling under him in his official vehicle along with other police personnel. On reaching the Sirsa roundabout, a vehicle coming from the roundabout was stopped and checked which was being driven by one Susheel who said that the vehicle is loaded with coconuts. Since the season was not of coconuts, the matter became suspect. Two persons jumped off from the rear side of the vehicle and ran into the jungle in the direction of a flour mill. They were chased by two policemen but they could not be caught. The driver revealed his name as Bitti alias Suneel son of Satyaveer, resident of village Ghanghola, P.S. Site-5, District Gautam Budh Nagar and said that the vehicle was hired by him and it had bags of coconut and below the coconuts bags, packets of illicit 'Ganja' were present. Thereafter, the driver was informed that he could have his physical search done by a Magistrate or Gazetted Officer who could be called by the informant over phone. The driver said that since you have caught me and when full information has been disclosed to you, then you can search me physically as well as the vehicle. Then, the police personnel searched each other to confirm whether any of them had any illicit Ganja. The Station Officer spoke to Circle Officer who said that he was busy with official work. The Gram Pradhan, Sirsa, Sri Prakash was also spoken over mobile about the incident but he also expressed his inability to come. Therefore, under the provisions of Section 50 of the N.D.P.S. Act, the consent letter was got prepared which was signed and then physical search of the vehicle was done. Under five bags of coconuts, 30 packets of illicit 'Ganja' were recovered and to weigh the 'ganja' the Head Constable was sent to village Sirsa to get a weighing scale. In the meantime, the members of the public moving on the road were asked to be witnesses of the incident. However, none of them agreed. The Head Constable returned with an electronic weighing scale and every packet was weighed. Each packet weighed 5 kg and a total of 150 kg 'ganja' was recovered. The driver of the vehicle was asked to tell the names of the persons who had jumped off the vehicle and run away. The names of his elder brother, Sandeep son of Satyaveer (the applicant), and of one Kullan alias Gulab Singh son of Suradpal Singh were disclosed by him. He said that the three of them were taking the narcotic substance to Ghanghola. The accused was informed about his offence under Section 18/20 of the N.D.P.S. Act and was arrested at 23.30 hours. From the recovered material, by way of sample, 100 gm of 'Ganja' were taken and kept in a polythene and sealed in a cloth after affixing stamp. The sample of the stamp was made and the rest of the recovered material was recorded and seized. During arrest, the orders and directions of the Human Right Commission and the Hon'ble Supreme Court were followed. The arrest memo was prepared at the site and was dictated by the Station Officer to the Senior Sub Inspector in the light of a torch on the bonnet of the vehicle. The information of arrest would be given as stated by the accused after reaching the police station. The memo was read out to the other police personnel who made their signatures thereon and a carbon copy of the memo was given to the accused.