ANIL SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.C. Kandpal, learned Counsel for the applicant and learned A.G.A. for the State.

(2.) THIS is second bail application. The first bail application was rejected by this Court on merit vide order dated 3 -5 -2005.

(3.) ACCORDING to the prosecution case as appears from the memo of recovery a police party was going towards Damodar Nagar as soon as reached infront of the house of one Naresh Advocate two persons were seen coming on the motor cycle. The motor cycle sliptup and both the persons, when they tried to escape, were apprehended. They informed that they are in possession of Charas therefore they were given an open option to be searched before the Magistrate or a Gazetted Officer as required under Section 50 of N.D.P.S. Act. Thereafter they searched the applicant Anil Sonkar. From a yellow colour plastic bag which was held by the applicant in his hand four silly of Charas in two pieces were recovered. It is very clear from the prosecution case itself that the recovery was made from the bag held in the hand of the applicant and not from his personal search. Section 50 N.D.P.S. Act is applicable only in the personal search and not in a search of bags and bag held by the accused. Therefore the provision of Section 50 N.D.P.S. Act is not applicable in the instant case. The applicant has not been able to make out a case for bail. The bail application is rejected. Application rejected.