ALAM Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Satya Prakash and Sri H. P. Mishra learned Counsel for the applicant and the learned A. G. A.

(2.) THIS application is filed by the applicant Alam with a prayer that he may be released on bail in case crime No. 508 of 2005, under Sections 8/15 N. D. P. S. Act, P. S. Kotwali, District Moradabad.

(3.) IT is opposed by the learned A. G. A. by submitting that in the present case the applicant was arrested by the first informant. He himself is a Gazetted Officer. The applicant disclosed that he was having the heroin. Thereafter, he was apprised about his right that he may give his search before any Magistrate or Gazetted Officer as provided by the Section 50 of the N. D. P. S. Act. Thereafter, the first informant gave a telephonic message to Circle Officer, Kotwali, Moradabad. On that information the Circle Officer came at the place of occurrence and in his presence search of the applicant was taken and from his possession 1/2 kg heroin was recovered. From that recovered contraband article 20 grams heroin was taken for sample. The same was sealed on the spot. The attempt was made to collect the public witness, but nobody was ready to give the evidence. IT is further contended that in the present case the compliance of Section 50 of the N. D. P. S. Act has been made and the recovered heroin is above the commercial quantity, which may not be planted even no good ground of false implication has been shown by the applicant.