AARTI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. The matter was heard on 17-9-99 and the learned counsel for both the parties had placed case laws in support of their contentions.

(2.) THE petitioner is in custody in case crime No. 34/99, under Section 8/20 N. D. RS. Act for having been in unlawful possession of about 2 kgs. of Ganja. THE recovery memo-cum-F. I. R. indicates that on 23-4-99 the concerned police officer had been on patrol duty. At about 7. 00 p. m. he found a person coming with a plastic-bag. THE police officer doubted him, flashed his torch and challenged him. He started running away. He was convinced that the man was carrying some unlawful drug. He was chased and arrested with use of necessary force and he disclosed his name as Aarti Yadav. When asked as to why he was running away on the sight of the police he allegedly disclosed that he was carrying Ganja in his bag. THE police of ficer informed him that he could get his search conducted by a Gazetted Officer or a Magistrate out the petitioner declined and was ready for his search by the con cerned police officer only. Only these upon the search was made and about 2 kgs. of Ganja was recovered from him. A sample was kept and other formalities were observed. This arrested person Aarti Yadav is the petitioner for bail in the in stant bail application.

(3.) IN the instant case the offer was there as required under Section 50 but the waiver was not in writing. Moreover, there was no independent witness of recovery, as already held the bar under Section 37 is not applicable. Under these circumstances the bail prayer stands allowed. The petitioner may be released on bail in case crime No. 34/99, under Section 8/20 N. D. P. S. Act, P. S. Hanswar, District Ambedkar Nagar with the satisfaction of Chief Judicial Magistrate, Ambedkar Nagar on such terms the Chief Judicial Magistrate, Am bedkar Nagar or such competent Judge before whom the matter is pending on such terms and conditions as the concerned Chief Judicial Magistrate/judge may deem fit. Bail application allowed. .