MANOJ RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicant Manoj Ram seeks bail in case crime no. 633 of 2013 u/s 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985 P. S. Mardah, District-Ghazipur.

(2.) Heard Sri Manoj Kumar Pandey, learned counsel for the applicant, learned AGA and perused the affidavits filed in the case.

(3.) It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the case and the police has fabricated recovery of heroin from the possession of the applicant along with two other accused; that the applicant is a member of scheduled caste community and is a registered contractor so out of jealousy with the collusion of police he has been falsely implicated in the case; that the alleged incident of recovery is broad day light from very busy and dense populated area, but there is no independent public witness for the recovery, which falsifies the prosecution story regarding recovery of the contraband; that the mandatory provisions of Section 50 of the Act have not been complied with and thus the alleged recovery is highly suspicious and there is no report of the Forensic Science Laboratory with regard to the contents and nature of the contraband. Lastly it has been argued that the applicant is in jail since 9.10.2013 and he has no previous criminal history, so he may be enlarged on bail.