(1.) Heard Shri Amit Kumar Srivastava, learned counsel for the applicant and Shri Ashish Pandey, learned counsel for the Narcotic Control Bureau, Lucknow.
(2.) The allegation against the applicant is that on the basis of the prior information given by the informant the applicant was intercepted by the team of Narcotic Control Bureau (hereinafter referred to as "N.C.B") at Kanpur Central Railway Station at about 11:00 p.m and 650 gms of heroin was recovered from his possession.
(3.) Counsel for the applicant has submitted that nothing was recovered from the possession of the applicant and false recovery of 650 gms of heroin have been shown from his possession. There is no public witness of the alleged recovery when the same is alleged to have been made at busy place of Kanpur Central Station. The recovery was made from the some other person but the applicant has been falsely implicated in this case. He has no concern with the aforesaid contraband recovered. The mandatory provisions of Sections 50, 52 and 57 of N.D.P.S Act have not been followed by N.C.B. Confessional statement of applicant recorded under Section 67 of N.D.P.S Act was under pressure and not his free statement. The applicant is a poor person working as auto-driver and he has been falsely implicated in this case. He has no criminal antecedent. The applicant is in jail since 02.04.2019 and there is no chance of his absconding and tampering with the witnesses in case he is released on bail.