RAVINDRA SINGH, J. - (1.) HEARD Sri V.P. Srivastava and J.S. Kashyap, learned Counsel for the applicant and learned A.G.A.
(2.) THIS application has been filed with a prayer that the applicant may be released on bail in case Crime No. 9 of 2005, under Section 17/18 N.D.P.S. Act, police station Vijai Nagar, District Ghaziabad. The case of the prosecution, in brief, is that on 5-1-2005 the first informant SI Mr. Shatrughan Upadhyay along with some police personnel were in search of some wanted accused persons in city area of the Ghaziabad. When they reached near the petrol pump, the Sub-Inspector Mr. Narendra Sharma, who was in petrolling duty met them. At that time, the applicant and two other miscreants, who were coming from A.B.E.S. School, stopped and by turning back walked towards the petrol pump. They were asked to stop under suspicion but they did not stop there, then they were arrested by the police party after using necessary force at 3.30 p.m. Before taking the search, the applicant and other co-accused persons disclosed that they were having heroin then they were asked by the first informant to give personal search before any Magistrate or Gazetted Police Officer, but they have denied the same by orally and given in writing. Thereafter the applicant and other co-accused persons disclosed their names and addresses. When applicant was searched, from his possession 350 gms. heroin was recovered and from the possession of co-accused Ashish 50 gms. heroin was recovered and from possession of co-accused Rgeb 100 gms. heroin was recovered. They disclosed that they have brought the abovementioned heroins from one Satyendra Singh. The recovered heroin was sealed by the police and sample taken by the police was also sealed. The recovery memo was prepared which was read over by the accused persons. The alleged occurrence had taken place near the petrol pump, so public witnesses could not be collected to sign the recovery memo. Thereafter the applicant and two other co-accused persons were brought to the police station where an F.I.R. was registered on 5-1-2005 at 5.10 p.m. The distance of the police station from the alleged place of occurrence was about 3 kms. The applicant applied for bail before the learned Special Judge, N.D.P.S. Act, Ghaziabad but same was rejected on 1-2-2005. Thereafter, the applicant has preferred this application for bail.
(3.) IT is contended by the learned Counsel for the applicant that the applicant was not arrested as alleged by the prosecution. The alleged recovery was planted from him because the applicant was coming from his house by a Bus to Ghaziabad to attend a function of marriage. Some police personnels were also sitting in the same Bus, over the sitting on the seat some not exchange between the police personnels and applicant had taken place on 5-1-2005 at 12.05 p.m. Due to this reason, the applicant had been falsely implicated in the present case. The applicant is a private student of M.A. IInd year, he has completed the course of N.C.C. There is no compliance of Section 50 of the N.D.P.S. Act. The police personnels did not make a search or themselves before taking the search of the applicant and other co-accused persons. The applicant is in jail since 5-1-2005. He is a young man aged about 26 years and he is not a previous convict and no other criminal case is pending against him. There is no public witness to support the prosecution story.;