MOHD MEHBOOB ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is involved in Crime No.6 of 2006, under Sections 8/21/27A/29 N.D.P.S. Act, Police Station Narcotics Control Bureau Varanasi, Uttar Pradsh. His bail prayer has been refused by the lower Court vide Annexure No.5 on 25.9.2006 and hence, he has approached this Court for being released on bail in the aforesaid crime number.

(2.) ACCORDING to the prosecution allegations, it is contended that Narcotic Control Bureau got an information that some people are indulging in trafficking of narcotic drug and hence, Narcotic Control Bureau formed a team of nine persons and apprehended the applicant when he was going on a rickshaw in front hotel 'Land Mark' in district Varanasi. From the possession of both apprehended accused persons 2.5 K.g. heroine were recovered out of 1 K.g. of heroine was recovered from the possession of the applicant. Section 37 of the N.D.P.S. Act was complied with and the applicant was arrested.

(3.) SRI Sanjay Kumar Singh, learned counsel for Narcotics Control Bureau on the other hand invited attention of the Court on the court affidavit filed by him and contended that the applicant after his arrest has confessed dealing in narcotics, which statement is admissible under Section 67 of the N.D.P.S. Act. He further submitted that looking to Section 37 of the N.D.P.S. Act and huge quantity the applicant is not entitled to be released on bail.