NAWAB Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant Nawab and learned A.G.A on the point of bail in this criminal appeal No. 2847 of 2010 which has already been admitted and the lower court record is available on record. The learned counsel for the appellant has submitted that 1/2 kg heroin was found in possession of accused/appellant for the keeping of which he had no licence. He has been convicted under section 8 /22 of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1.50 lacs and in default of payment of fine the appellant is to undergo further imprisonment for one and half year. He has further submitted that according to prosecution case the appellant and co-accused Rashid are said to have been arrested on 25.7.2007 at about 11.00 a.m. and the F.I.R. was lodged against them under section 8 /22 of N.D.P.S Act along with some other section of Motor Vehicle Act on 25.7.2007 at 1.15 p.m.

(2.) According to him the concerned narcotic drug of 1/2 kg heroin is said to have been recovered from the personal search of the appellant Nawab. He is said to have concealed it in a polythene bag inside his shirt. Therefore, according to section 50 of N.D.P.S Act the mandate of law is that the accused should have been apprised of his right to be searched before any gazetted officer or Magistrate prior to making his search because the arresting authorities had already come to know that the appellant is in possession of narcotic drugs.

(3.) The following points have been urged by him to seek bail to accused/appellant Nawab.