PREM NARAIN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) A. S. Tripathi, J. Applicant, Prem Narain Sharma, is involved in a case Crime No. 867 of 1991 under Section 8/21, N. D. P. S. Act, Police Station Jaitpur district Varanasi.

(2.) IT is alleged in the F. I. R. that the applicant alongwith one Atul Kumar Sharma was found at railway station Cantt, Varanasi when they were apprehended. IT is alleged that 100 grams of heroin was recovered from the possession of the applicant and 170 grams heroin was recovered from the possession of Atul Kumar Sharma. The affidavit filed in support of the bail application shows that Atul Kumar is the nephew of the applicant. The applicant has denied the recovery of heroin from his possession.

(3.) THE first point raised was that the provisions of Section 437, Cr. P. C. do not apply and the applicant cannot claim the benefit of the proviso to Section 437, Cr. P. C. in view of the provisions of Section 37 of the N. D. P. S. Act.