M.P.Singh, J. - (1.) Heard the learned Counsel for the applicant as well as the learned Standing Counsel for the Union of India.
(2.) The applicant Ghanshyam Singh Sengar is said to have committed an offence under sections 8/21/27-A and 29, Narcotic Drugs And Psychotropic Substances Act vide Crime No. 8 of 2003 N.C.B. Varanasi.
(3.) As per prosecution version on 21.4.2003 the N.C.B. Varanasi accompanied by 25 officers chased a Truck No. UP 78 N-8652 at about 4 a.m. for search. When the Truck came from Allahabad side, it was stopped by the NCB party near barrier. Three persons were found sitting in the truck whose names were Dinesh Chandra Verma, Shiv Kant and Ghanshyam Singh Sengar. When these persons were asked to give search before the Magistrate the applicant Ghanshyam Singh Sengar escaped by driving the Truck with fast speed and 14.900 Kg. of Heroin is alleged to have been recovered from a cavity specially made above the cabin of the said Truck. The details of the search and seizure are mentioned in the recovery memo prepared on the post and two independent public witnesses and two other co-accused persons namely Dinesh Chand Verma and Sheokanth Pal were present there.;