SHARVAN KUMAR SONKAR @ JAVED Vs. UNION OF INDIA

JUDGEMENT

(1.) - This is the first bail application moved on behalf of the applicant Sharvan Kumar alias Javed, involved in case Crime No. 5 of 2006, under sections 8/21/27/29, N.D.P.S. Act, Police Station N.C.B., Varanasi, district Varanasi.

(2.) Heard learned Counsel appearing on behalf of the applicant and learned Counsel appearing on behalf of the Union of India as well as perused the whole record.

(3.) Learned Counsel for the applicant has submitted that the provision of Sec. 42 of N.D.P.S. Act has not been complied. The chemical examination report reveals that the quantity of heroine was found less in percent age of the weight as prescribed under the Act. It is further contended that the recovery of 500 grams alleged heroine will come within the limit of noncommercial quantity. Therefore Sec. 37 of the N.D.P.S. Act will not be applicable. It is further contended that there is no criminal history against the present applicant and the applicant has been implicated falsely due to enmity with co-accused Shampat and Shyam Kumar alias Seth. It is further contended that the above co-accused are the police Mukhbir and they have got implicated falsely the present applicant in this case. It is further contended that the applicant was not arrested in the manner, as alleged by the prosecution. It is further contended that he is not the owner of the said scooter, which was allegedly driven by the co-accused along with the present applicant. Therefore, false recovery has been shown to be made from the applicant.