CHANDRA SHEKHAR SHIVHARE Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri J. S. Sengar, learned Counsel for the applicant and the learned AGA.

(2.) THE applicant has applied for bail in Case Crime No. 10 of 2004 under Sections 8/21 of NDPS Act P. S. Jaspura District Banda.

(3.) IT is further contended that there is no compliance of provisions of Sections 41, 42, 43, 50, 52 and 57 of NDPS Act and there is no public witness to support the prosecution story. IT is further contended that the applicant was not arrested as alleged by the prosecution. He was arrested from his house from where the police party taken away some ornaments and Rs. 3 lacs which were collected by the applicant for the purpose of marriage of Km. Sushila, sister of the applicant, which was scheduled to be held in the month of March, 2005. The police party was misappropriated the rest of the recovered amount and the recovery has been shown only of Rs. 1,60,250. In respect of this fact, a telegram was given by Sri Kailash to S. P. Banda on 26-2-2005 at 4 p. m. in which it was mentioned that on 2-2-2005 at about 2 p. m. the applicant was arrested by the Excise Police from his house and Rs. 1,50,000 and one golden Chain were taken by the police from his house, so there is apprehension of the false implication of the applicant in some criminal case.