SARIWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ajay Srivastava, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the Special Public Prosecutor Narcotic Control Bureau (N.C.B.) and Sri Durgesh Dubey, learned A.G.A. for the State and perused the material placed on record.

(2.) This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of the applicant was dismissed as not pressed by this Court vide order dated 26.4.2018.

(3.) The brief facts of the case are that on the information of the informer, concerned Special Task Force (hereinafter referred to as 'S.T.F.') team intercepted the vehicles in question i.e. truck, Scorpio (bearing registration of Bihar State) and one Scorpio without registration number at Nawabganj bye pass situated in Allahabad district. N.C.B. team also reached there. The information received through the S.T.F. team was disclosed by the N.C.B. team to the accused persons and offer for search and seizure before the nearest Magistrate/Gazetted Officer was also given to the accused persons. They denied in writing and expressed their willingness for search by the team itself. Search was made. Contraband (Ganja) i.e. 312 Kgs. was recovered from the truck. Accused persons present in the Scorpio vehicle belonging to the State of Bihar were escorting the truck. As per the prosecution story the vehicle in which the present applicant and other persons were present had also come to the place of occurrence for purchase of the said contraband. This prior information had been received by the S.T.F. team through the informer. Recovered contraband was kept in sealed cover after fulfilling the necessary formalities as provided under the law.