SHAHID HUSSAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This bail application has been preferred by the accused-applicant, Shahid Hussain who is involved in Case Crime No. 293 of 2020, under Section 8B/21 of N.D.P.S Act, Police Station-Bhojipura, District-Bareilly.

(3.) Recovery of 40 gms heroin/smack has been made from the applicant. Recovered contraband article is below commercial quantity. Seizure memo is without compliance of mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 in true letter and spirit, therefore, legal sanctity of the alleged recovery stands vitiated. It is further submitted that no report of FSL has been produced in the Court that the seized contraband is smack or not. The contraband has been seized from the possession of his person in absence of independent witness or public witness. Seizure memo dated 08.09.2020 shows that two other persons have also been implicated in the present case and F.I.R. against them have been lodged separately. The applicant is languishing in jail since 08.09.2020, having no criminal history to his credit.