SANJAY KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dileep Kumar, Sri Rajeev Gupta and Sri S.K. Mishra learned counsel for the applicant and the learned A.G.A.

(2.) This application is filed by the applicant Sanjay Kumar Verma with a prayer that he may be relearsed on bail in case crime no. 64 of 2003 under Section 18/21 N.D.P.S. Act., P.S. Jaspura, District Banda.

(3.) According to prosecution version the first informant S.I. Kamal Yadav got an information that the applicant had gone to Banda to purchase smack (Brown sugar). Therefore, the first informant along with some other police personnel proceeded towards the Banda where an information was given by Mukhvir Khas that the applicant was moving in Banda city, in a white maruti car and he was having smack. The Maruti Car bearing registration No. UP 32-W-2594 of the applicant was intercepted. An attempt was made to collect the public witnesses but nobody was ready to become the witness. The applicant was arrested on 8-5-2003 at 7.55p.m. At that time the applicant was driving a maruti car. He disclosed his name and he was asked to give his search and he was apprised about his right that search may be given by him before a Gazetted Officer or the Magistrate, but he he stated that the search may be given before any Gazetted Officer. Therefore, through R.D. Set information was given to C.O. (City), Banda. On that information Sri Subhash Chandra Shakya C.O. (City), Banda came at the place of occurrence and at about 9.00 p.m. the search of the applicant was made and from a cavity of the Maruti car he took out two polythene bags containing brown powder, by its smell it was detected as smack. The applicant confessed that he was taking the recovered contraband to Lucknow and Barabanki for the purpose of sale. The recovered contraband was weighed. In the first packet it was found 470 grams and in the second packet it was found 535 grams and from each the packets 5 grams smack was taken and each was kept and sealed in two different match boxes. According to prosecution version 1005 grams smack was recovered from the possession of the applicant. According to prosecution both the match boxes were sealed on the spot and the remaining recovered contraband was also sealed.