BHANU PRATAP Vs. STATE

JUDGEMENT

(1.) This is second bail application moved on behalf of Bhanu Pratap who is alleged to have committed an offence punishable under S. 8/20: N.D.P.S. Act.

(2.) Brief facts of this case are that S. I. Chhedi Prasad Upadhyaya along with constables was on duty when he came to know that the accused had smack at his residence. He went there and concealed himself while constable Mohammad Firoz called the accused and told him that he was a student and asked him to give smack. The accused gave 5 gm. smack to him and demanded Rs. 400.00 as its price. Constable Mohammad Firoz then introduced himself. When the accused tried to run away, he was apprehended by the Sub-Inspector and the constables.

(3.) The earlier bail application moved by him was rejected by this court on 17-1-91. The present bail application has been moved again. This application has been pressed firstly on the ground that the version of the incident as given by the prosecution is improbable. Secondly that the recovery was illegal; and then that samples were not kept in separate sealed cover and also that there was non-compliance of provisions of S. 42 of N.D.P.S. Act.