LOKENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. S.A. Siddiqui holding brief of Mr. Mohd. Ashraf, learned counsel for the appellant applicant, learned AGA and perused the record. The criminal appeal is already admitted and lower Court's record is available on requisition.

(2.) On the point of bail, learned counsel for the applicant has argued that applicant is in jail since 18.01.2008 for recovery of 450 gm of suspected Heroin and a country made pistol of 313 Bore for the keeping of which he had no license. For the said recovery the trial Court vide impugned judgment and order dated 18.01.2010 found him guilty under Section 8 /15 of NDPS Act and under Section 25 of Arms Act and awarded sentence to undergo RI for 10 years along with fine of Rs. One Lac and in default of payment of fine he has to further undergo the sentence of two years imprisonment under Section 8 /15 of NDPS Act, whereas under Section 25 or Arms Act, he was sentenced to undergo RI for three years and to pay fine Rs. 1,000/- and in default of payment of fine, the same sentence of two years was awarded.

(3.) He has invited my attention towards noncompliance of Section 50 of NDPS Act. Applicant was not informed of his right to be searched before Gazetted Officer or any Magistrate. The recovery memo contains as to whether or not he chooses to be searched before any Gazetted Officer or Magistrate and this is no compliance of Section 50 of NDPS Act, therefore, entire recovery and the conviction and sentenced are bad in law, therefore, according to him, applicant may be enlarged on bail.