SITA RAM AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Counter affidavit filed on behalf of the state and rejoinder affidavit filed on behalf of the applicant today are taken on record.

(2.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(3.) Learned counsel for the applicant argued that the applicant was travelling in the Safari Car as a gratuitous passenger. The police intercepted the car and alleged to have been recovered 111 kg. Ganja from its Diggi. The owner of the car co-accused Pawan Tiwary was also travelling in the same car. It was being driven by Santosh Yadav. Thus, the alleged Ganja was not recovered from the possession of the applicant. He had no knowledge that the illicit Ganga was being taken in the car. The police booked the applicant also in this case simply because of reason he was found travelling in the car. The arresting officer has not complied with the mandatory provision of Section 50 of N.D.P.S. Act. Therefore, the applicant deserves to be enlarged on bail.