SHAKEEL AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the applicant and union of India present.

(2.) IN brief the facts are that on 5.10.08 Mr. N.S. Bisht Deputy Information Officer of N.C.B. Lucknow on a tip off stopped a motorcycle. The driver of the motorcycle tried to escape but he was detained. He disclosed his name as Shakil Ahmad. Thereafter an option was given to him that his search may be taken in the presence of a Magistrate or a Gazetted Officer and that it is his right. The accused however did not avail the option. Thereafter a search of the motorcycle was made in the presence of two public witnesses namely, Sanjay and Shamsher. A bag was recovered from the motorcycle in which 500 gram of heroin was recovered.

(3.) THE learned counsel for the applicant argued that in the sample only 7% of Heroin was found hence the total weight of Heroin in the recovered contraband comes to 35 gram which is much below the commercial quantity. He has relied upon the judgment of Apex court in E. Micheal Raj v. Intelligence Officer N.C.B. 2008 (61) ACC 660 and has argued that since the recovered Heroin is less than the commercial quantity and the accused is in jail since 5.10.08, he may be allowed bail.