MOHD AHMAD ALIAS BHONDE Vs. UNION OF INDIA

JUDGEMENT

(1.) DEV Kant Trivedi, J. Heard the learned Counsel for the parties on this application for bail moved on behalf of Mohd. Ahmad alias Bhonde in Criminal Case No. 303/97 under Section 8/21/23/29, N. D. P. S. Act, District Lucknow.

(2.) IN the present case, the prosecu tion based its case on the statement of some alleged smugglers who said that they purchased contraband articles from the accused- applicant. The prosecution also based on its case on a signed statement made by the accused applicant before D. P. Sriyastava, INspector, Central Narcotic Bureau, Lucknow wherein he recorded a confession that the accused applicant deals in the heroin and had made certain transaction with several persons including those in whose statements the accused ap plicant was named.

(3.) NO doubt it was open to the In quiry Officer to record the statement him self but it raises suspicion, when the ac cused applicant claimed to be literate as to why the accused applicant was not re quired to write the statement himself.