MOHD. IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arun Sinha, learned counsel for the applicant, and Sri Rao Narendra Singh, learned Additional Government Advocate for the State through video conferencing in terms of orders passed by Hon'ble Chief Justice taking into consideration COVID-19 situation.

(2.) Present bail application has been filed by the applicant Mohd. Irshad, who is involved in Case Crime No.75 of 2019 registered under the provisions of Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act of 1985), Police Station Masauli, District Barabanki.

(3.) From perusal of the first information report dated 24.02.2019 it comes out that on 24.02.2019 the police party noticed two persons moving in suspicious circumstances, who upon seeing the police personnel, tried to run away. The police personnel managed to catch hold of one person namely the applicant while the other person managed to escape. On being arrested, the said person disclosed his name as Mohd. Irshad i.e. the applicant. Upon being asked as to why he tried to run away, the applicant replied that he is carrying morphine in a bag and the person who ran away was his friend/elder brother Mohd. Junaid. The police personnel informed the applicant that he has to be searched by a gazetted officer or a magistrate under the provisions of Section 50 of the Criminal Procedure Code (as indicated in the first information report) to which the applicant informed that as he is carrying morphine, he does not wish to be searched by any other person and that the police personnel may themselves search the applicant. Upon such consent being given by the applicant, the Station Officer searched the applicant and in the bag being carried by the applicant, it was noticed that a polythene was kept. The applicant informed about the contents of the polythene as morphine. The said morphine was weighed in the weighing scale by the police personnel from which it came out that the weight of morphine was one kilogram and ten grams, being brown in colour which was sealed. The applicant was also arrested and the witnesses were said to be the police personnel inasmuch as despite various persons being present none came forward to be a witness on account of not being willing to be involved. The applicant is said to be in jail since 24.02.2019.