BALBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, counsel for the applicant and Sri Shivaji Misra, counsel for the Union of India.

(2.) The counsel for the applicant argued that the applicant being a driver could have no knowledge about the contents of the bags which he was carrying by the truck No. U.G.M. 7945. It was further submitted that the recovery had not been made in accordance with the provisions of sections 42, 43 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and as such the successful prosecution of the applicant was doubtful. The recovery in the instant case had been by the Inspector of Customs, Basti. Section 43 which is applicable to the facts of the case envisages that any officer of any of the departments mentioned in section 42 may

(3.) I, therefore, direct the applicant to be released on bail, on his furnishing personal and surety bonds to the satisfaction of the C.J.M. Basti in the case crime no, nil, under sections 8/25/43 Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Custom Seems Ikaai, Ravgarh, District, Siddharth Nagar. Bail application allowed.