ADITYA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Daya Shankar Mishra, Senior Advocate assisted by Shri Chandrakesh Mishra Advocate, the learned Counsel for the applicant and Sri Ashish Pandey Advocate, the learned counsel for the Narcotic Control Bureau.

(2.) The present application has been filed for release of the applicant on bail in N.C.B. Crime No. 28 of 2021, under Sec. 8(C)/21/29 of Narcotic Drugs and Psychotropic Substances Act, P.S. N.C.B. Lucknow.

(3.) The search, seizure-cum- recovery memo dtd. 4/7/2021 states that an information was received in the N.C.B. Office at Lucknow on 3/7/2021 at 21:30 hours that a person was carrying Heroin in Coach No. 9 of Train No. 02357 from Gaya, Bihar to Bareilly, U.P. and the train would reach Bareilly junction on 4/7/2021 between 06:00 hours to 07:00 hours. In furtherance of the aforesaid information, a team of Officers of N.C.B consisting of the Intelligence Officer Mohd. Farooq, Supervision Assistant Vivek Kumar, Hawaldar Hridesh Kumar and Driver Brijesh Kumar was constituted. The team assembled in its office at Lucknow and started its journey on 3/7/2021 at 22:30 hours from Lucknow office and reached Bareilly junction on 4/7/2021 at about 05:00 hours. No person agreed to become a witness to the proposed seizure proceedings. The Inspector R.P.F. junction was requested to provide independent witnesses, who deputed two constables of R.P.F. to act as witnesses.