RAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava and J.S. Kashyap, learned Counsel for the applicant and learned A.G.A.

(2.) THIS application has been filed with a prayer that the applicant may be released on bail in case Crime No. 9 of 2005, under Section 17/18 N.D.P.S. Act, police station Vijai Nagar, District Ghaziabad.

(3.) IT is contended by the learned Counsel for the applicant that the applicant was not arrested as alleged by the prosecution. The alleged recovery was planted from him because the applicant was coming from his house by a Bus to Ghaziabad to attend a function of marriage. Some police personnels were also sitting in the same Bus, over the sitting on the seat some not exchange between the police personnels and applicant had taken place on 5-1-2005 at 12.05 p.m. Due to this reason, the applicant had been falsely implicated in the present case. The applicant is a private student of M.A. IInd year, he has completed the course of N.C.C. There is no compliance of Section 50 of the N.D.P.S. Act. The police personnels did not make a search or themselves before taking the search of the applicant and other co-accused persons. The applicant is in jail since 5-1-2005. He is a young man aged about 26 years and he is not a previous convict and no other criminal case is pending against him. There is no public witness to support the prosecution story.