SEWA RAM Vs. STATE

JUDGEMENT

(1.) In these two bail applications in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) similar questions of fact and law arise, and as such, they are being disposed of by this common order.

(2.) In Crl. Misc. Case No. 14475 of 1991 (Crime No. 249 of 1991 under S. 20-B of the Narcotic Drugs and Psychotropic Substances Act, P. S. Baberu, District - Banda) applicant Sewaram was arrested on 26-8-1991 for the alleged offence under S. 20(b) of the N.D.P.S. Act for allegedly being in possession of one Kilogram ganja and two and a half Tolas opium for the purposes of selling. It is alleged that, while on patrol duty, Sub-Inspector Harish Chandra Tripathi, S.O. got the information from an informer that the applicant was selling Ganja and opium in front of the Government Opium Shop. The S.O., accompanied with the public witnesses Ram Chandra Gupta and Shiv Mangal Chaubey, searched the applicant and found the aforesaid Ganja and opium from a plastic bag, as also some money in another bag. This was sealed at the spot and recovery memo was prepared. A copy of the memo was given to the applicant but allegedly he tore it of.

(3.) In Crl. Misc. Case No. 14120 of 1992 (Crime No. 273 of 1991 under S. 20(b) Narcotic Drugs and Psychotropic Substances Act, 1985 P. S. Baberu, Distt. Banda) the applicant was arrested on 10-9-1991 for an offence under S. 20(b) of the N.D.P.S. Act and about four kilograms Ganja in 'pudia' and one kilogram opium was recovered from a gunny bag in his possession. It is said that, while on patrol duty, S.I. Harish Chandra Tripathi got the information from an informer that the applicant was selling Ganja and opium in the Government Opium shop, He, accompanied by the public witness Jagdish, searched the applicant and recovered the aforesaid Ganja and opium from a bag. The recovery memo was prepared at the sport and a copy thereof was given to the applicant, but he allegedly tore it of.