- (1.) RAVINDRA Singh , J. Heard Sri Virendra Kumar learned Counsel for the applicant, and the learned A. G. A.
(2.) FROM the perusal of the record, it reveals that a F. I. R. was lodged by Dr. Praveen Kumar Singh, Sub- inspector of Police Station Kotwali Nagar, District Saharanpur under Sec. 18/20 of N. D. P. S. Act on 28-3- 2004 against the applicant in case Crime No. 144 of 2004 P. S. Kotwali Nagar District Saharanpur. The prosecution story in brief is that the first informant got the information through Mukhbir Khas that a Truck No. HR-37, 3153 is coming from Behat side, in which the bags containing Doda powder were loaded. On that information, the first informant and other police personnel boarding in a Government Jeep, moved to intercept that vehicle. The above mentioned truck was intercepted but one person by jumping from that truck, ran away who was chased by the two police constables but he could not be arrested but he was properly identified. The applicant being the driver of the truck came out from that truck and disclosed that the bags of the Doda powder were loaded in the Truck. He was asked to give the search in the presence of the Gazetted Officer subsequently he became ready to give the search in the presence of gazetted officer. Thereafter, one CO. City-I Sri Amarjit Rani was informed by the first informant who came at the place of occurrence and in his presence the search was made and the applicant took down 14 bags of the Doda Powder. One bag was containing 40 Kg of Doda Powder. The total quantity of the Doda Powder was 560 Kg. The police party tried to collect the public witness but they refused to become the witness of the recovery. It is contended by the Counsel for the applicant that there is no compliance of Sec. 50 of the N. D. P. S. Act and there is no public witness to support the prosecution story and the F. I. R. is delayed by 5 hours and also the alleged recovery was planted by the police.
(3.) IT is opposed by the learned A. G. A. by submitting that in the present case, the alleged recovery was made in the presence of a Gazetted Officer i. e. Dy. S. P. ( CO. City -I) and the contraband was loaded in truck, so the provisions of Section 50 of the N. D. P. S. Act have been complied with and the attempts were made by the first informant to collect the public witness but no body was ready to become the witness and there is no delay in lodging the F. I. R. In view of the facts and circumstances of the case, the submissions made by the Counsel for the parties and considering the quantity of the alleged recovery i. e. 560 Kg. Doda Powder for which there is no material at this stage to show that it was planted, the applicant is not entitled to be released on bail.;