ASHOK SRIVASTAVA, J. - (1.) THIS bail application has been moved on behalf of the applicant Kabir Ali, who is involved in Case Crime No.9 of 2008 under sections 8/21/27-A/29 of NDPS Act, P.S. N.C.B., District Lucknow.
(2.) THE facts of the case in brief are as follows:- On a tip off given to the officers of the Narcotic Control Bureau(NCB),Lucknow,a vehicle was intercepted by them on 24.7.2008 at Mohan Sarai by-pass, a place situated in the district of Varanasi. Two persons namely Rajiv Kumar and Bhim Singh @ Bapu Bhai were arrested by the said officers. The detainees were carrying with them some 4 kg. Of illicit heroin. An arrest and recovery memo was prepared at the spot and the enquiry in the matter proceeded. During the course of enquiry the name of one Manas Dutta @ Dada came to light who was also interrogated by the officers of NCB. On further enquiry the names of Smt. Sushila Chauhan and Ayodhya Chauhan @ Lalli Chauhan also came to light. Thereafter on 18.7.2009 the officers of Bureau raided the residential house of Smt.Sushila Chauhan and her husband Ayodhya Chauhan @ Lalli Chauhan. 8.3 kg. of heroin and certain amount of Acetic Anhydride were recovered. The enquiry further proceeded and during the course of such enquiry the name of the applicant came to light. On 17.9.2009 the officers of the Bureau detained the applicant Kabir Ali alongwith another person Jamal Husain at Dum Dum Airport, Kolkatta. The officers of the Bureau disclosed their identity to the applicant and after observing necessary formalities a search was conducted but nothing illegal or illicit material was recovered from the possession of the applicant and his companion. Thereafter both the applicant and his companion Jamal Husain were served with a notice under section 67 of the N.D.P.S. Act and they were required to attend the office of the Bureau at Lucknow the next day. In pursuance of the said notice the applicant appeared before the officers of the Bureau at Lucknow and his statement was recorded in part. On 21.9.2010 the applicant again appeared before the Bureau and his statement under section 67 of the N.D.P.S. Act was concluded. As per allegations he had made certain confessional statements before the N.C.B.
(3.) THEREAFTER on the basis of his confessional statement he was detained and after producing him before the court concerned he was lodged in the district jail Varanasi.;