S.S.Kulshrestha, J. - (1.) Heard the learned Counsel for the parties and also perused the materials on record.
(2.) This bail application on behalf of the accused applicant Sri Sushil Kumar, alleged to be involved for the offences under sections 8/20/27/27-A/29, Narcotic Drugs And Psychotropic Substances Act in Case Crime No. Nil of 2004, P.S. N.C.B., Varanasi has been pressed on the ground that the accused applicant has falsely beer-implicated in this case. He had nothing to do with the recovery of 821.5 kg. Ganja alleged to have been shown against Sri Laxman Yadav and whatever the involvement of the accused-applicant has been shown that too is on the basis of the statement under section 67 of the Narcotic Drugs And Psychotropic Substances Act. With regard to.the admissibility of that section it is said that the same may be read but its reliability be also looked into.
(3.) Suffice is to mention that in his statement the accused-applicant has clarified that the Ganja in a large quantity was got managed by his father Sri Gopal Seth and for which Rs. 1,00,000/- were paid. Out of that amount Rs. 20,000/- were financed by the accused applicant. Further, emphasis has been laid that no recovery has been made from the possession of the accused applicant. Has case is on the better footings than that of the co-accused Sri Amit from whose possession 630 gm of Ganja was recovered. Co-accused Sri Amit has already been admitted on bail. It has next been contended that the case of harbouring by any stretch of imagination would not arise. Sri Laxman Yadav was the salesman of the shop run by Sri Gopal Seth and hatever the remuneration he was getting that would not be construed to be harbouring. Looking to the huge quantity of the Ganja for which part payment was made by the accused-applicant he is not entitled for bail. III is hereby rejected.;