NAEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary condition prevailing now a days.

(2.) Counter affidavit filed by the State, which is taken on record.

(3.) The applicant is facing prosecution arising out of case crime no. 337 of 2019 under Section 20/22 of NDPS Act, P.S. Dhaulana, District Hapur and he is languishing in jail since 01.09.2019. The first information report was lodged by Naveen Kumar Gautam on 30.08.2019 at concerned police station around 23.51 hours against four named accused persons including the applicant Munesh. It has been clearly mentioned in paragraph 7 of the the affidavit that one Atveer Singh is owner of the vehicle in question and the applicant who happens to be the acquaintance of Atveer Singh. It is submitted that taking the prosecution version to be true on its face value, without admitting it, the vehicle in question does not belong to the applicant. Hewas, on the request of the owner Atveer Singh was only driving the truck. The alleged recovery of psychotropic substance was recovered from the cabin and tool box. The applicant has got no knowledge or information about it. The police personnels have blatantly defy the mandatory provision of Section 50 of NDPS Act and a formality was done by them. Without holding any test, on their own has declared the substance as "GANJA'. The police has numbered the packets and declared that it is 202 Kg of Ganja. There are persons who are occupying cabin of the truck no. UP-16 BT8686 and out of which one person has fled away from the site. There was no effort to produce the applicant before the concerned Magistrate which are mandatory and obligatory on the part of the informant. There is no other case relating to NDPS Act to the credit of the applicant. The applicant is in jail since 01.09.2019 and trial has not been concluded.