NIYAZ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D.R. Kushwaha and Sri Vivek Prakash Mishra learned Counsel for the applicant and learned AGA.

(2.) THIS application is filed by the applicant Niyaz Ahmad with a prayer that he may be released on bail in case crime No. 377 of 2004, under Sections 8 (c), 18/20/23 N.D.P.S. Act, P.S. Shahjad Nagar District Rampur.

(3.) ACCORDING to the prosecution version the first informant and other police personnel got information through a Mukhbir Khas that two personnel were sitting near a hotel at a tea stall having a huge quantity of smack and they are trying to sale the same. Thereafter, the higher officers were apprised by the first informant by giving a message through mobile phone and some persons were sent for purchasing the smack from the applicant and other co -accused. The first informant got information given on mobile phone by SI Vikash Saxena that the applicant and another co -accused person are having one Kg smack and they have settled to sell the same for Rs. 3 lac. One Jay Prakash, Dy. Superintendent of Police was also informed about the same and he was requested to come at the place of occurrence. The first informant tried to collect some public witness, but nobody was ready to become then witness. Then they took the search of each other and reached at the place of the occurrence. At that time SI Vikash Saxena was having the conversation with the applicant and other co -accused in respect of the purchase of smack. Thereafter, the applicant and other co -accused were arrested at 10.30 p.m. by the first informant and others from the tea stall. In the mean time Sri Jai Prakash, Dy. Superintendent of Police came at the place of the occurrence, who took search of the applicant and other co -accused person and from a polythene bag of co -accused Amir Ahmad 1/2 kg. smack was recovered and from a bag of the applicant also 1/2 kg. smack as recovered. The applicant and other co -accused stated that they had bought the smack for the purpose of sale.