DHEERAJ SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This bail application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.0337 of 2020 under Section 8/20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'N.D.P.S. Act'), Police Station Antoo, District Pratapgarh.

(2.) As per the prosecution story, on 16.07.2020, the Station House Officer, Mr. Manoj Kumar Tiwari, Police Station Antoo, Pratapgarh along with other members of his team was checking suspicious vehicles and wanted criminals. He received an information/input from in-charge S.O.G. that some illegal articles were suspected to be delievered in the area of the police station under his jurisdiction. On this information, checking points were alerted and the personnel posted there, were directed to check vehicles with alertness and alacrity. On specific inputs regarding two vehicles, the police party reached at the place where these vehicles were parked and, some articles were being downloaded from truck. The police party noticed that sacks were being transferred from truck to dicky of the car standing there. These vehicles were encircled by the police team and five people present in those vehicles who tried to flee away, were apprehended. One of them was the present accused-applicant and from his possession, Rs.7,000/- was recovered. From other accused also money was recovered. In the truck bearing Reg.No.UP44AT 1312, sacks filled with narcotic substance were found. Similarly, in the dicky of the Car No.UP32LL 8788 KIA SELTOS, two sacks of white color filled with some substance were found. The accused accepted that sacks were having Marizuana/Ganja.

(3.) All five persons including the accused-applicant were taken in custody at 7:30 P.M. and were made aware of their rights under Section 50 of the N.D.P.S. Act. They were asked to go with the police party before the Gazetted Officer for their personal search. However, these persons did not respond. Since, it was a large quantity of Marizuana/Ganja which was found in two vehicles, the circle officer was informed who came on the spot and in his presence and directions truck and car were searched in accordance with law. Some of the sacks were opened, and it was found that the substance inside the sack was smelling like Marizuance/Ganja.