JANMEJAYA SAHOO Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Sandeep Saxena, learned counsel for applicant - Janmejaya Sahoo in support of his prayer for bail in Case Crime No.214/2012, under Sections 18/20/25 of N.D.P.S. Act, P.S. Shivkuti, District Allahabad and the learned A.G.A.

(2.) THE FIR alleged that upon information received that huge quantity of ganja is present in a truck bearing registration no. UP -70 -AT -7082, standing at a public place, with a view to sell its product, to a purchaser in waiting. Taking cue from the tip off, the police personnel nabbed the aforesaid truck, but one person is alleged to have fled after jumping from the truck cabin, while throwing a plastic bag at the police, who was chased, but was ultimately successful in fleeing away from the scene. However, three persons were arrested at the spot, who disclosed their names as Trilochan Swain (driver), Niranjan Sahoo and the present applicant/Janmejay Sahoo, all permanent residents of Orissa, who are alleged to have stated that they used to get aforesaid narcotics from Orissa and sell the same to aforesaid Trinmulchand Jaiswal, a resident of Allahabad. The FIR further alleged that S.I. Ajay Singh could recognize Trinmulchand Jaiswal. Subsequent, upon interrogation of accused persons, a search of truck was conducted in which, below the gear box, an iron compartment was found which was containing around 23 bags of the aforesaid narcotics, each bag containing around 30 kg, net 690 kgs of ganja.

(3.) THE principal submission is that the FIR itself indicates that informant was aware of the identity of the principal accused Trinmulchand Jaiswal, who was provided a safe passage; he was a prospective bulk purchaser of narcotics, who has been bailed out by this Court in Crl. Misc. Bail Application No.20744/2013 on 30.10.2013. Copy of order is taken on record. It is also contended that the alleged recovery was not in conscious possession of applicant. Applicant claims to have no previous criminal history and is languishing in jail since 16.9.2012.