BHAGIRATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) C. P. Mishra, J. This application has been filed on behalf of the applicant accused - Bhagirath Tiwari who has committed an offence under Section 8/18/22 N. D. P. S. Act vide case Crime No. 467 of 2002, P. S. Soron, district Etah.

(2.) THERE is recovery of 15 gms. Smack from the pocket of the accused-applicant by the police party while patrolling on 13-7- 2002 at 4. 30 a. m. at Somowar Ghat near Roadways Bus Stand.

(3.) FOR this, Sri A. K. Singh, learned Counsel for the applicant and Sri D. S. Mishra, a Senior Counsel who has also made his submissions regarding said legal position in this connection on the basis of the recent judgments given by this Court in Abdul Aziz v. State of U. P. , 2002 (1) JIC page 867 (All); Rajesh Singh v. State of U. P. , 2002 (1) JIC page 637 (All) and Ishtiyak Ali alias Shera v. State of U. P. , 2002 CBC 522. He has also placed reliance on case law of Orissa High Court, Rupadhar Patel v. State of Orissa, 2002 (2) Crimes page 223; Orissa High Court and Smt. Padma Mishra v. State of Uttaranchal, 2002 (2) JIC page 39 (Uttaranchal) High Court. Relying upon the aforesaid case laws, learned Counsel for the applicant has submitted that after the amendment incorporated in Section 37 of the Act, the offence under Sections 19, 24 and 27-A of the Act, the provision for bail has been given in the Cr. P. C. will also apply.