SAJID Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh , J. Heard Sri Virendra Kumar learned Counsel for the applicant, and the learned A. G. A.

(2.) FROM the perusal of the record, it reveals that a F. I. R. was lodged by Dr. Praveen Kumar Singh, Sub- inspector of Police Station Kotwali Nagar, District Saharanpur under Sec. 18/20 of N. D. P. S. Act on 28-3- 2004 against the applicant in case Crime No. 144 of 2004 P. S. Kotwali Nagar District Saharanpur.

(3.) IT is opposed by the learned A. G. A. by submitting that in the present case, the alleged recovery was made in the presence of a Gazetted Officer i. e. Dy. S. P. ( CO. City -I) and the contraband was loaded in truck, so the provisions of Section 50 of the N. D. P. S. Act have been complied with and the attempts were made by the first informant to collect the public witness but no body was ready to become the witness and there is no delay in lodging the F. I. R.